^ ^v. 


m 



;nnsylvanu. 



All FM AND FORESTRY UWS 




%\zs&_iUjJ/Hi 



Book__^::X 



MAY 2 m^ 



COMMONWEALTH OF PENNSYLVANiA. 



DIGEST 



OF THE 



Ganie.Fisli, and Forestry Laws. 



This pamphlet is published by direction of the Legislature and is printed 
but once in two years. 



By dr. JOSEPH KAIvBFUS, 

Secretary oj the Game Commission. 



HARRISBURG, PA.:^' "" 

HARKISBURG PUBLISHING CO., STiiTB PRINTER. 
1909. 






DIVISION I. Page 10 



Contains laws or parts of laws treating of Game, of song and 
insectivorous birds. 



DIVISION 2. Page 95. 

Contains laws or parts of laws treating of fish only, 

DIVISION 3. Page 195. 

Contains laws pertaining to Forestry. 

The Game Commission is entrusted with the care of Game 
and wild birds. 

The Department of Fisheres is charged with the pj'otection 
of fishes. 

The Forestry Department has control of Forestry. 

The work of each is separate and distinct. 

A summary of the laws bearing upon these subjects and a 
separate index is attached. 

Leading decisions pertaining to game and fish. Page 182. 



(2) 



No. 23. 

In the House of Representatives, 

March 31st, 1909. 

Whereas, By reason of the great demand by the people of 
this Commonwealth for the pamphlet containing- the Game, 
Fish and Forestry laws of this Commonwealth, the many pro- 
posed changes of the same and additions thereto, and that the 
people of the State be given the opportunity to become ac- 
quainted with these laws as quickly as possible after their 
enactment; 

Therefore, be it resolved, (if the Senate concur). That the 
Secretary of the Board of Game Commissioners of this Com- 
monwealth be and is hereby directed to prepare the data, and 
as soon as possible after the close of this session, present the 
same to the Superintendent of Public Printing, who shall at 
the expense of the State have published in pamphlet form 
100,000 copies of said laws, together with such letter of in- 
structions or explanations by those entrusted with the care 
of our game, our forests and our fish as may seem necessary; 
twenty thousand for the use of the Senate, forty-six thousand 
for the use of the House of Representatives, two thousand for 
the use of the Executive, four thousand for the use of the 
Secretary of the Commonwealth, six thousand for the use of 
the Department of Forestry, six thousand for the use of the 
Department of Fisheries and sixteen thousand for the use of 
the Board of Game Comimissioners. 

THOMAS H. GARVIN, 
Chief Clerk House of Representatives. 

The foregoing resolution concurred in March 31st, 1909. 

HARMON M. KEPHART, 
Chief Clerk of the Senate. 

Approved the 9th day of April, 1909. 

EDWIN S. STUART. 



(3) 




( 4 > 



LETTER OF TRANSMITTAL. 



In the minds of those who have to do with the forestry, the 
fish and the game interests of this Commonwealth, those that 
have given these subjects careful and thoughtful study, each 
of them in itself seems to occupy such a place in the makeup of 
the individual life of so many people and are jointly so inter- 
woven with each other and the general prosperity of our State, 
as to make even their prospective loss appear in the light of a 
calamity, a condition that if once established will be extremely 
liard, if not impossible to overcome, and that will bring 
serious, very serious results in its train. 

It has long since been determined that growing timber, 
forest shade and fruit trees were absolutely necessary to the 
healthful enjoyment of this life. That the products of growing 
timber is absolutely necessary to the success of mechanical 
pursuits. That upon the preservation or reproduction of our 
forests depends our continuous water supply, our protection 
from drought, as well as our defense against excessive floods. 

It is desired to call particular attention to two new statutes 
relating to forests and forestry. The first is the municipal 
forest law, whicli permits municipalities to purchase forest 
land for the purpose of revenue, using the returns for such 
municipal purposes as may be necessary; and the other is the 
new forest fire wardens act, completely changing the system 
of fire fighting in this Commonwealth. These acts will be 
found at pages 234 and 241. 

How much better it would have been for this Commonwealth 
had the subject of forestry, with all that word covers, been 
intelligently considered and acted upon fifty years ago in- 
stead of to-day. 

Hovv^ much better it would have been had the people of this 
Commonwealth and of this Nation endorsed the idea of game 
and wild bird preservation and of fish protection and propa- 
gation fifty 3^ears ago instead of at this time. 

It has been said that the benefit derived by a day afield with 
rod or gun by the tired or worn out indoor worker is some- 
thing that cannot be correctly expressed in words or figures. 
Phj^sical exercise and forgetfulness of daily worry and business 
care bring their reward in return of health and there is no in- 
centive in this direction that begins to take the place of the 

(5) 



6 GAME, FISH AND FORESTRY LAWS. 

pursuit of g-ame or fish. Any one who ever hooked a two pound 
bass, or used an artificial fly can realize what total forgetful- 
ness of business cares means; how from the moment the strike 
was made the circulation quickened and all thought of the 
"World outside was forgotten, until that fish was landed; how 
in anticipation of a strike every cast of the fly took his whole 
attention. No one can forget the flushing of that wild turkey 
or of that pheasant, or of that covey of quail, or how bunny 
sprang out most unexpectedly and how in absolute forgetful- 
ness of all besides he took that needed and continued exercise 
in their pursuit, that nothing besides would have caused him 
to take, and how in restful oblivion he passed the night with- 
out even a dream of business cares. 

The Department of Health was created for the purpose of 
conserving the health of our people. Sanitariums are every- 
where being erected and maintained in the hope of curing 
those who are ailing. Our idea is to make an open park of all 
the wild lands of this Commonwealth, a place in which our 
people of all classes can find pleasure and maintain their 
strength, where the well and strong can enjoy an outing that 
will keep them well and make them stronger; where those who 
are starting on the road to shattered nerves, and inability to 
meet the demands they are called upon to face, can strengthen 
their hold on all those things, that fi.t men the better to meet 
the requirements of everyday battle with the 'W^'orld. 

The presence of game or fish is a lure to strenuous outdoor 
exercise that means better health to those who hunt or fish, 
and therefore better citizenship. To us, hunting or the pur- 
suit of game, does not appear simply in the light of recreation 
or pleasure, nor does it appear as a w^aste of time; but instead 
is in every sense of the word a National necessity. 

The ability acquired by young America in the pursuit of 
game in the handling of the gun, in taking care of himself in 
the fieldis, or in the forests, or on the water, has made it 
possible for our Volunteers to become with limited discipline 
and drill the equal of any Regular on the face of the Earth. I 
cite as illustration the work done by Jackson's men at New 
Orleans, the efficiency of our own Pennsylvania Bucktails 
during the late Civil War, the work of the Boer with the gun 
in South Africa, where 1,000 men, who knew how to shoot and 
to shift for themselves appeared to be the equal of many thou- 
sands of men who did not possess that ability. Under our 
system of Government and present conditions, the efficient 
volunteer is our bulwark of defense in the time of T^'ar, and 
this State owes it to itself for this reason, if for no other to 
supply its young men with the incentive to this training in tho 



GAME, FISH AND FORESTRY LAWS. T 

shape of f?ame, without which they cannot and will not be 
fitted to meet the demands made upon them. We had in Penn- 
sylvania last Pall fully 8,000 men w^ho camped upon State 
lands. We had fully twice that many men who camped upon 
other lands. We had fully 20,000 men who hunted in this State 
with rifles alone, and fully 130,000 who hunted at one time or 
another for small game with shotguns. More than 400 deer 
were killed and fully that number of bear. I believe that 150 
pounds would be a fair estimate of the average weight of eaoh 
deer killed, making a total of thirty tons of venison taken in 
Pennsylvania. I believe an average of 200 pounds to the bear 
would not be excessive, making forty tons of bear meat taken, 
besides this the value of the skins. Say that each of the men 
who hunted with shotguns killed but three rabbits during the 
season and that eacii rabbit weighed but two pounds, and we 
have the weight of the rabbits killed aggregating 390 tons. 
Add the weight of game birds of various kinds and of squirrels 
taken, and it will be readily seen that the question of game as 
a food supply is one of no little significance. And equaling, 
If not exceeding all this is the worth of living birds, a some- 
thing that cannot be accurately fixed or expressed. Those, 
who have made a study of this subject say, birds of all kinds 
are the great equallizers between insect life and vegetation. 
Our State Zoologist says, this World would not be inhabitable 
by man in twenty years were insects not curbed in some way. 
No one attempts to claim that the birds are the only destroyers 
of insect life; but they do attempt to say. that our birds do 
their share of this work and they are well worth protection. 
Zoologists tell us most young birds while in the nest are fed 
upon insect life, and that each one daily consumes an amount 
of animal food equal to its own weight. Say there is but a 
single nest to the acre in this State, and that each nest con- 
tains four young birds weighing one ounce each, or four 
ounces to the nest, one pound to four acres, one ton to eight 
thousand acres, we have in round numbers in Pennsylvania 
28,800,000 acres, and it would therefore, at this rate require 
3,600 tons of insects to feed the birds of this State one single 
day. Surely the life work of birds means something to each 
one of us. 

Some one hos defined ornithology to be the study of birds 
from the standpoint of dollars and cents, and it matters not 
whether the birds be classed as a game bird, a song bird or 
an insectivorous bird, its value living far exceeds its value 
dead. Think of what this means to the State and Nation, to 
you. 

Consider the worth of fish and fishing, the pleasure, exper- 



8 GAME, FISH AND FORESTRY LAWS. 

lence, recreation, with consequent better health and improved 
ability to meet the demands made by the family or StaJte and 
in addition the cash value of the many tons of fish taken. 

Under the Constitution of Pennsylvania, there can be no 
special or sectional legislation. Our laws must as nearly as 
possible be drawn to meet the necessities of jthe entire State 
and of every part thereof, and to this end the Legislature has 
directed its labors. 

This book contains a compilatioTi of the laws of this Com- 
monwealth upon the subjects of forestry, fish, and game; and 
It is the most earnest desire of those entrusted with the care of 
these subjects that every resident of this Commonwealth awake 
now, to the realization of the fact that their individual help is 
needed to protect these interesits. No one, it seems to us, has 
attained an elevation in this State that places him above 
having a personal interest in these matters and no one occupies 
a position so lowly, that his influence cannot be of value. 
Every community should have an organization for forestry, 
fish and game protection, and we hope the laws contained in 
this little book will be read and re-read, not by hunters and 
fishermen only, but by every individual in the State who has 
her interesits truly at heart, who if they will but one moment 
think upon these subjects cannot fail to recognize that every 
step taken for the protection of our forests, our fish and our 
game and our wild birds other than game birds is a step in the 
right diredtion and one than cannot fail to be of benefit to 
the Commonwealth. 

It is impossible to secure laws that in all respects suit every- 
body. We believe the acts contained in this book are fair and 
reasonable and just in most respects, and are worthy of the 
highest regard and entitled to the full support of all law abid- 
ing citizens. They were passed for the purpose of benefiting 
all the people of this Commonwealth. Neither of the Depart- 
ments entrusted with the care of these subjects is powerful 
enough in itself to enforce the laws as they should be en- 
forced. Neither of these Departments without the help of the 
people can secure results such as are desired. We need your 
Individual support. We want that help. We feel that we are 
working for your benefit and are entitled to tliat support. We 
beg of you to help yourself and your community by aiding us 
in this work. 

Individual effort in behalf of these subjects is well enough 
and much good has already and will hereafter result from sucli 
efforts. Organization for the purpose of advancing these in- 
terests is still better, and in the hope of aiding you in such 
organization we publish on page of this book a short form 



GAME, FISH AND FORESTRY LAWS. 9 

of suggestions that may be of use. We would like to see an 
organization for one or all of these purposes combined in 
every community of this Commonwealth. 

Respectfully yours, 

JOSEPH KALBFUS, 

Secretary of the Game Commission. 




( 10 ) 



GAME, FISH, AND FORESTRY LAWS. 



DIVISION I. 

CONTAINING LAWS OR PARTS OF LAWS 
TREATING OP GAME, OP SONG, AND IN- 
SECTIVOROUS BIRDS. 



AN ACT 

To provide for the appoinment of Game Commis- 
sioners for the Commonwealth of Pennsylvania, 
defining their duties and empowering- them to 
appoint g-ame protectors. 

Section 1. Be it enacted, &c., That the Governor 
of the Commonwealth is hereby authorized and re- 
quired to appoint, subject to the approval of tlie 
Senate, six competent citizens of this State to be 
and act as a Board of Game Commissioners, no two 
of whom shall be from the same Senatorial district, 
and shall, upon said appointm.ent, designate which 
two of said persons shall receive and hold office 
during- the term of one year, which two of said 
persons shall receive and hold office during the 
term of two years, and which two of said persons 
shall receive and hold office for the term of three 
years. 

Upon the death, resignation or removal from 
office of any person so appointed as aforesaid, the 
Governor shall appoint a competent person to serve 
for the unexpired term of the person so dying, re- 
signing or removed, subject to the approval of the 
Senate at its next meeting, if such meeting shall 
be before the expiration of the term of office of 
such appointee. 

Upon the expiration of the term of the officers so 
appointed and designated under the provisions of 
this act, their successor shall be appointed in 
manner aforesaid for the term of three years so 

(11) 



June 25, 
1S95, P. Lu 
273. 



Appointment 
ot Board of 
Game Com- 
missioners, 
authorized. 



Terms of 
first ap- 
pointees. 



Vacancy 
how filled. 



Full term 
shall be 
three years 



12 



GAME, FISH AND FORESTRY LAWS. 



No compen- 
sation for 
services. 

Office of 
board. 

Meetings. 



Duties of 
board in 
protection of 
game. 



In collection 
of statistics. 



Keep re- 
ports, &c. 



Annual re- 
port to Gov- 
ernor. 



Contents of 
report. 



Governor 
shall present 
report to 
legislature. 

Board shall 
appoint ten 
game pro- 
tectors. 



Chief pro- 
tector. 

Chief protec- 
tor shall be 
secretary of 
the board. 



that there shall not be more than two vacancies 
at any one time in such commission, and the term 
of two commissioners shall expire thereafter each 
year. The commissioners shall receive no compen- 
sation for their services. 

Section 2. The Board of Game Commissioners 
shall have an office in the Capitol, at Harrisburg, 
Pennsylvania, and shall hold meetings at such 
office on the first Tuesday of January and July, 
and at such other times and places w'ithin the 
State as the commissioners shall appoint for the 
transaction of business. It shall be the duty of 
said board to protect and preserve the g-ame, song 
and insectivorous birds and mammals of the State, 
and to enforce, by proper actions and proceedings, 
the laws of this Commonwealth relating to the 
same. It shall be the duty of said board to collect, 
classify and preserve all such statistics, data and 
information as, in their judgment, will tend to pro- 
mote the objects of this act, to take charge of and 
keep all reports, books, papers and documents 
which shall, in the discharge of their duties here- 
under come into their possession or under their 
control. 

It shall be the duty of said board, on or before 
the first Monday in December of each year, to pre- 
pare and present to the Governor of this State an 
annual report, showing what has been done by 
them during the current year, the amount received 
by them, and from what sources, and the amount 
expended by them, and for what purposes, with 
such recommend'ations for legislative action, if 
any, as the said board may deem wise for the bet- 
ter accomplishment of this act. The Governor shall 
lay said reports before the legislatures convening 
next after their receipt. 

Section 3. The Board of Game Commissioners 
shall have the power and authority to appoint ten 
(10) competent men whose powers and duties are 
hereinafter defined, and who shall be known as 
game protectors. The said board shall, from time 
to time, designate one of such protectors as chief 
protector, who shall remain such during the pleas- 
ure of the board, and who shall have the direction, 
supervision and control of the other pr.otecitors. 
The chief game protector shall be secretary to the 



GAMEi, FISH AND FORESTRY LAWS. 



13 



Board of Game Commissioners, and shall occuipy as 
his permanent headquarters the room assigned the 
Game Commissioners at the Capitol at Harrisburg. 

The Cliief Protector shall give a bond to the 
Board of Game Commissioners with securities in 
the sum of one thousand dollars, and each of the 
other protectors a bond with securities in the sum 
of five hundred dollars, conditioned for the faith- 
ful discharge of his duties, such bond to be ap- 
proved by the commissioners. 

Eacli of said protectors shall receive for the use 
of the said board one-half of all fines and pen- 
alties collected in actions brought upon information 
furnished by him, after all the expenses of recover- 
ing such fine and penalties shall be paid. 

Section 4. Game protectors so appointed shall 
hold office during the pleasure of the Board of 
Game Commissioners, which may summarily re- 
move any of their number and appoint another in 
liis place. The game protectors shall enforce all 
the game laws of the Stat© and the provisions sup- 
plementary thereto, and shall have full power to 
execute all warrants and search warrants issued 
for the violation of the game law, and to serve 
subpoenas issued for the examination, investigation 
or trial of all offenses against said laws; each pro- 
tector shall keep a record of his official acts, re- 
ceipts and expenditures and at the close of each 
month make summary of sucli record, with such 
statements in detail as shall be necessary for the 
information of his chief, and report the same to 
the chief protector under oath. The chief protector 
shall report to the Board of Commissioners any 
negligence or dereliction of duty or incompetency 
on the part of any of the protectors, with tlie facts 
relating thereto, and he shall report monthly to 
said commissioners the operations of his depart- 
ment during the preceding month, and shall m?ke 
such furthpr renorts as may bp required by the 
Board of Commissioners: Provided, Thpt no com- 
missioner, protector or other officer, authorized by 
this act shall claim or receive any compensation 
for his services or for expenses incurred in the dis- 
charge of his duties. 

Approved— The 25th day of June, A. D. IS^o. 

DANIEL PI. HASTINGS. 



Bond of pro- 
tectors. 



Fines and 

penalties 

collected. 



Protectors 
shall hold 
office at 
pleasure of 
board. 



Shall en- 
force game 
laws. 

Serve sub- 
poenas. 
Shall keep 
record of of- 
ficial acts, 
&c., and re- 
port under 
oath. 



Chief protec- 
tor shall re- 
port neg-li- 
g-ence on 
part of pro- 
tectors. 

Shall make 
monthly re- 
port. 

No compen- 
sation to 
commission- 
er, protector 
or other 
officer. 



14 



GAME, FISH AND FORESTRY LAWS. 



AN ACT 



March 22, 
1899. P. L-. 
17. 



Constables 
to be ex-offl- 
cio fire, 
game and 
fish war- 
dens. 

Duties of 
wardens. 



May arrest 

without 

warrant. 



Arrests may 
be made on 
Sunday. 



Power with- 
out warrant 
to search 
and examine. 



To seize and 
take posses- 
sion of game 
and fish. 



Makinj:: constables of townships and boroughs ex- 
officio fire, game and fish wardens, prescribing 
their power and duties, fixing their fees as war- 
dens, and prescribing fheir punishment for failure 
to perform their duties. 

Section 1. Be it enacted, &c., That from and 
after the passage of this act the constables of the 
various wards, boroughs and townships of the 
Commonwealth shall be ex-officio fire, game and 
fish wardens. 

Section 2. It shall be the duty of said fire, game 
and fish wardens to enforce all statutes of this State 
now in force, or that hereafter be enacted, for the 
protection of forests and timber lands from fire, 
and for the protection and propagation of game, 
game birds, game mammale, song and insectivor- 
ous birds, and fish, and said constables or wardens 
shall have authority to arrest without w^arrant any 
person or persons caught by them in the act of 
violating any of the aforesaid laws for the protec- 
tion of forests and timber lands, game, and food 
and game fish, and take such person or persons 
forthwitli before a justice of the peace or other 
magistraite having jurisdiction, who shall proceed 
without delay to hear, try and determine the 
matter. Such arrests may be also made on Sunday, 
in which case the person or persons arrested shall 
be taken before the proper officer, and proceeded 
against as soon as may be on a week day following 
the arrest. 

Section 3. Said consitables or wardens shall have 
power without warrant to search and examine any 
boat, conveyance, vehicle, fish box, fish basket, 
game bag or game coat, or other receptacle for 
game or fish, when they have good reason to be- 
lieve that any of the laws for tne protection of 
forests and timber lands, game and fish, have 
been violated; and the said constables shall at any 
time seize and take possession of any and all 
birds, animals or fish, which have been caught, 
taken or killed at any time, in a manner or for a 
purpose, or had in possession or under control. 



GAME, FISH AND FORESTRY LAWS. 15 

have been shipped or are about to be shipped, 
contrary to any of the laws of this State. Any 
court having jurisdiction of the offense, upon 
receiving proof of probable cause for believing 
in the concealment of any bird, animal or fish, 
caught, taken, killed, had in possession, under 
control or shipped, or about to be shipped, con- 
trary to law, shall issue a search warrant and Courts- may 
cause a search to be made in any place, and to ^v^j^.^anf^"^*^^ 
that end may, after demand and refusal, cause 
any building, enclosure or car to be entered, and 
any apartment, chest, box, locker, crate, basket 
or package, to be broken open and the contents ^^^Jl^ fo be 
thereof examined by said constable. All birds, disposed of 
animals or fish, or net, or fishlKg appliances, or ap- as directed 
paratus, seized by any constable or warden, shall °^' ^ court, 
be disposed of in such manner as may be directed 
by the court before whom the offense is tried, and 
such constable or warden shall not be liable for ^^^^^l^^^ 
damages on account of any such search, examina- ""j. damages 
tion or seiziire, or the destruction of any nets or 
fishing apparatus of any kind in accordance with 
the provisions of this act. 

Section 4. Any constable or warden, upon the ar- Constables 
rest and prosecution Of any offender to conviction or wardens 
under the provisions of this act, shall, in addition ^° pa\a. 
to the fees to which he may be entitled under ex- 
esting laws, be paid for his services the sum of ten Amount, 
dollars on a warrant di'awn by the county com- 
missioner on the county treasurer, one-half of 
which shall be paid out of the treasury of the How paid. 
respective count3^ and the remiaining half of said 
reward shall be padd by the State Treasurer into 
the treasury of said county, out of moneys not 
otherwise appropriated, upon warrant from the 
Auditor General, but no such warrant shall be 
drawn until the respective county commissioners 
shall have first furnished, under oath, to the 
Ai;ditor General, a written itemized statement of 
such expenses, and until the same is approved by pj.Qyjg^ 
the Auditor General: Provided, That no county 
shall be liable to pay for this purpose in any 
one year an amount exceeding five hundred dol- 
lars. 

Section 5. Each of said constables or M^ardens 
shall, for the purpose of this act, have concurrenit 



16 



GAME, FISH AND FORESTRY L^WS. 



Constables 
or wardens 
to have 
concurrent 
jurisdiction. 
To make 
special re- 
turns to 
court. 

Duty of the 
court. 

Neg-lect or 
refusal of 
constables a 
misde- 
meanor. 



Penalty. 



Repeal. 



jurisdiction throughout his own proper county; and 
they shall in the flrst week in each term of the 
court of quarter sessions of their respective coun- 
ties, make special returns to said court, under 
oath, of all violations occurring- in their respective 
townships, or which may come or be brought to 
their notice, of any of the provisions of any law 
now in force, or that may hereafter be enacted, 
for the protection of forests and timber lands, 
game and fish; and it shall be the duty of the 
judge of said court to see that such returns are 
faithfully made, and any constable or warden 
wilfully neglecting or refusing to make such re- 
turns, or to prosecute any offense under said laws 
of which he shall have personal knowledge or 
which he shall have notice in writing- by any 
citizen, griving the name of the offender together 
with the names of the witnesses, shall be guilty of 
a misdemeanor, and upon conviction thereof be 
sentenced to pay a fine of fifty dollars, or to 
undergo an imprisoment in the county jail for 
two months, both or either, at the discretion of 
the court. 

Section 6. All sections, provisions, acts or parts of 
acts inconsistent with this act, or any section 
of it, are hereby repealed. 

Approved— The 22d day of March, A. D. 1899. 

WILLIAM A. STONE, 



May 21. 1901. 
P. L. 266. 



A SUPPLEMENT 

To an act, entitled "An act to provide for the ap- 
pointment of game commissioners of the Com- 
monwealth of Pennsylvania, defining their du- 
ties, and empowering them to appoint game 
protectors," approved the twenty-fifth day of 
June, Anno Domini one thousand eight hundred 
and ninety-five; extending the powers of siaid 
protectors, making disposition of fines received 
by them, and regulating their pay. 

Section 1. Be it enacted, &c., That from and after 
the passage of this act the game protectors ap- 
pointed by virtue of the provisions of the act, en- 



GAME, FISH AND FORESTRY LAWS. 



17 



titled "An act to provide for the appointment of 
g'ame commissioners for the Commonwealth of 
Pennsylvania, defining- their duties, and empower- 
ing them to appoint g-ame protectors," approved 
the twenty-fifth day of June, Anno Domini one 
thousand eig-ht hundred and ninety-five shall have, 
in addition to the powers conferred upon them by 
said act, the authority to arrest without warrant 
any person or persons found by them in the act of 
violating- any of the laws of this Commonwealth 
now in force, or that may hereafter be enacted for 
the protection of game, of song and of insectivor- 
ous birds, and take such person or persons forth- 
with before a justice of the peace or other magis- 
trate having jurisdiction, who shall proceed with- 
out delay to hear, try and determine the matter; 
such arrest may also be made on Sunday, in which 
case the person or persons, so arrested, for safe 
keeping may be commatted to the jail for that day, 
but shall be taken before the proper magistrate 
and proceeded against as soon as may be on a 
week day following the arrest. 

Section 2. Said game protectors shall have power, 
without warrant, to search and examine any boat, 
conveyance, vehicle, game-bag, game-coat, or 
other receptacle for game, when they have good 
cause to believe that any of the laws of this Com- 
monwealth for the protection of game, of song or 
of insectivorous birds, have been violated; and the 
said game protectors shall, at any and all times, 
have the right to seize and take possession of any 
and all birds or animals which have been caught, 
taken or killed, at any time, in a manner or for a 
purpose, or had in possession or under control, have 
been shipped or about to be shipped, contrary to 
any of the laws of this Commonwealth. Any court 
having jurisdiction of the offense, upon receiving 
proof of the probable cause for believing in the 
concealment of any bird or animal caught, taken, 
killed, had in possession, under control, shipped or 
about to be shipped, contrary to any laws of this 
Commonwealth, shall issue a search warrant, and 
cause a search to be made in any place; and to 
that end may, after demand and refusal, cause any 
building, enclosure or car to be entered, and any 
apartment, chest, locker, box, trunk, crate, bas- 



May arrest 

without 
warrant. 



In case of 
arrest on 
Sunday. 



Search and 
examinatiom 
without 
warrant. 



Seizure of 
game. 



Search war- 
rant. 



IS 



GAME, FISH AND FORESTRY LAWS. 



€raxae seized 
to be for- 
warded to 
tLs nearest 
lio«pUal. 

Gtins and 
appliances. 



Public auc- 



Securing of 
evidence. 



Game to be 
forwarded to 
hospital. 

Interferenc© 
with game 
protectors. 



Aid In 
maJcing ar- 
rests. 



ket, bag- or package, to be broken open and the 
contents thereof to be examined by said protector. 
All birds or animals classed as game, found therein 
in violation of law, shall be seized by the protec- 
tor making the search, who shall, as soon as may 
be thereafter, forward said game to the nearest 
hospital, for the use of the sick or injured therein; 
the bodies or parts of bodies of all song or insec- 
tivorous bird's, so taken, shall, unless needed for 
evidence, be destroyed; all guns, gunning appli- 
ances, shooting- apparaJtus, trap or gunning ap- 
parel, found in said receptacle or receptacles, 
where the search warrant is issued against a non- 
resident, shall be seized by said protector, and 
held, subject to the payment of the maximum pen- 
alty attached by law to the offense charged, and 
the costs of prosecution; said goods to be sold at 
public auction, after the lapse of twenty days 
from the date of seizure, and failure of the I'e- 
puted owner to appear and defend himself against 
the charges preferred; and such game protector or 
protectors shall not be liable for damages on ac- 
count of any arrest, search, examination, seizure 
or sale, made in accordance with the provisions 
of this act. 

Section 3. Any of the game protectors of this 
State shall have the right, for the purpose of se- 
curing- evidence wlierewith to convict of violaitions 
of the g-ame law, to purchase or sell game, the pur- 
chase or sale of which is otherwise forbidden, and 
shall not be liable to any of the fines or penalties 
imposed by law for the purchase or sale of game. 
All game remaining in the hand.s of a protector, 
after the purpose for which it was procured sliall 
have been accomplished, shall be forwarded to the 
nearest hospital for the use of the sick or injured 
therein. 

Section 4. Any person or persons interfering with 
any of the game protectors of this Commonwe-alth 
in the discliarge of their duties, or resisting arrest, 
shall be liable to a penalty of one hundred dollars, 
or be imprisoned in the county jail for a period of 
one day for each dollar of penalty imposed. Any 
game protector is hereby arithorized tn call to 
his aid anj' citizen or citizens of this Common- 



GAME, FISH AND FORESTRY I^AWS. 



19 



wealth, for assistance as needed in making an 
arT-'^st. 

Section 5. That the game protectors, so appoint- 
ed, sliail receive salary or pay per day, as may be 
agreed upon by the Game Commission, with ex- 
penses not to exceed twO' dollars per day outside 
of traveling expenses; said expense account to be 
itemized: and presented under oath. All moneys 
coming to any game protecitor as his part of any 
fine or penalty, under existing law, wherein he 
is the prosecutor, shall belong to the Game Com- 
mission, and shall be surrendered by said pro- 
tector to the secretary of the said commission for 
its use: Provided, That the combined expense ac- 
count of the Game Commission shall not exceed 
the amount set apart by law to their use. 

Section 6. All acts or parts of acts inconsistent 
with this act are hereby repealed. 

Approved— The 21st day of Mav. A. D. 1901. 

WILLIAM A. STONE. 



Compensa- 
tion of gam* 
protectors. 

Expenses. 

All fines and 
penalties to 
be turned 
over to Game 
Commission. 



Repeal. 



AN ACT 



To prohibit the capture or killing of beaver within March 17, 
the Commonwealth of Pennsylvania, and provid- ]903, P. 'l. 
ing penalties for the violation of its provisions. ^^• 

Section 1. Be it enacted, &c., That from and Unlawful t« 
after the passage of this act, it shall be unlawful kill or cap- 
to kill or capture, or to attempt to kill or capture, *"^^ beaver. 
any beaver within this Commonwealth. 

Section 2. Any person violating any of tlie pro- Yme 
visions of this act shall be liable to a penalty of 
one hundred dollars for each offense; or, in default 
of the payment thereof, with the cosits of prosecu- 
tion, to undergo an imprisonment, in the jail of imprison- 
the county where the offense is committed, of one ment. 
day for each dollar of penalty imposed; and the 
possession of any beaver, or of the fresh skin or 
any portion of the fresh skin or carcass of such pj,jj^^g^ f^cie 
animal, ^'lall be prima facie evidence of a viola- evidence, 
tion of this act by the person or persons in whose 
possession the same shall have been found. 



GAME, FISH AND FORESTRY LAWS. 



Beaver 
classed as 
"game." 
Duty of 
game war- 
dens, etc. 

Proscu- 
tions. 



Section 3. For the purposes of this act, the 
beaver shall be classed as game in this Common- 
wealth; and it is hereby made the duty of all offi- 
cers of the State, entrusted with the protection of 
g-ame, to see that the provisions of this act are 
enforced. All prosecutions for violation of the pro- 
visions of this act shall be brought, and the course 
of proceeding followed, as prescribed by secition 
twelve of an act, entitled "An act to provide for 
the protection and preservation of game, game 
quadrupeds, game birds, et cetera," approved the 
fourth day of June, Anno Domini one thousand 
eight hundred and ninety-seven. 

Approved— The 17th day of March, A. D. 1903. 
SAML. W. PENNYPACKBR. 



AN ACT 



April 11. 
1903. P. L. 
163. 



Deputy- 
game pro- 
tectors. 



Compensa- 
tion, 



Bond. 



To provide for the appointment of deputy game 
protectors, for the Commonwealth of Pennsyl- 
vania, and defining their duties. 

Section 1. Be it enacted, &c., That the Board of 
Game Commissioners shall have the power and au- 
thority to apipoint one competent man in each and 
every county of the Commonwealth of Pennsylva- 
nia, to be caJled and designated as a deputy game 
protector, who shall have the same power and per- 
form the same duties as the present game pro- 
tectors, authorized by law, now have and perform, 
and receive the same compensation that constables 
now receive for similar services; and shall, when 
appointed, give to the Board of Game Commission- 
ers a bond in the sum of three hundred dollars, 
conditioned for the faithful discharge of his duties; 
such bond to be approved by the said Commis- 
sioners. 

Approved— The 11th d'ay of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



GAME, FISH AND FORESTRY LAWS. 21 



AN ACT 

Requiring- non-resident hunters to procure a li- 
cense before hunting- in this Commonwealth, and 
providing penalties for violation of its provisions, 1903,"p"'l. 
and repealing- an act approved the twenty-fourth 178. 
day of April, one thousand nine hundred and 
one. 



April 14. 



Seotion 1. Be it enacted, &c.. That from and Non-resident 
after the passage of this act, every non-resident hunters re- 
ef this Commonwealth shall be required to take out take^out^ii- 
a license from the treasurer of the county in which cense, 
he proposes to hunt, before beginning to hunt in 
any part of this Commonwealth. Each and every 
person not a resident of this Commonwealth shall 
pay a license fee of ten dollars to the treasurer of F"ee. 
the county in which he proposes to hunt, and the 
said treasurer shall thereupon issue to him a cer- 
tificate, on forms supplied by the Board of Game riincate. 
Commissioners of this Commonwealth, bearing the 
name and place of residence of the applicant, with 
his description as near as may be, which said cer- 
tificate shall authorize the owner thereof to hunt 
and kill g-ame in any part of this CommonAvealth, 
during the period of that year when game may be 
legally killed, under the restrictions and for the 
purposes allowed by law; said certificate shall not Not trans- 
be transferable, and shall be exposed for examina- ferabie. 
tion, upon demand made by any g-ame protector, 
constable, or game warden of the State. One-half 
of the license fee so received by any county treas- Disposition 
urer shall be retained by him, for the use of the ■ 

county wherein the same is paid, and the remain- 
ing one-half of said fee shall be forwarded by him 
to the State Treasurer, in the same manner and 
for the same purpose as is now provided by law 
in the case of fines or penalties recovered for vio- 
lation of the provisions of any of the sections of an 
act, entitled "An act to provide for the protection 
and preservation of game, game quadrupeds and 
g-ame birds, and song and insectivorous birds," 
approved the fourth day of June. Anno Domini 
one thousand elg-ht hundred and ninety-seven. All 
fines and penalties recovered for violation of the 



2t 



GAME, FISH AND FORESTRY DAWS. 



Distribution 
of flues. 



Prima facit 
evidence. 



Fine and 
penalty. 



Commit- 
ment. 



Power of 
officers. 



Disposition 
of g-ame 
seized. 
Guns, etc. 



Advertls- 
ment. 



provisions of this act shall be distributed as are 
fines and penalties collected for violation of the 
said act of June fourth, one thousand eight hun- 
dred and ninety-seven. 

Section 2. Possession of a gun, in the fields or in 
the forests or on the waters of this Commonwealth, 
by non-residents of this Commonwealth, without 
having first secured the license required by this 
act, shall be prima facie evidence of a violation of 
its provisions; and any person so offending shall be 
liable to a penalty of twenty-five dollars for each 
offense, or in default of the payment thereof, with 
the costs of prosecution, to suffer an imprisonment 
in the county jail for a period of one day for each 
dollar of penalty imposed, unless he or they enter 
into good and sufficient recognizance to pay said 
penalty and costs within a period of ten days from 
the date of conviction, or enter into recognizance 
to answer .said comiplaint, on a charge of misde- 
meanor, before the court of quarter sessions of the 
peace of the county where said offense is charged 
to have been committed; which court, on the con- 
vidtion of the defendant or defendants, and failure 
to pay the penalty or penalties imposed, with the 
cost of prosecution, shall commit the said defend- 
ant or defendants to the jail of the county for a 
period of one day for each dollar of penalty im- 
posed. 

Section 3. All officers of the Commonwealth 
whose duty it is to protect the game of the Com- 
monwealth, shall have power to seize all guns and 
shooting paraiphernalia. and game in possession or 
belonging to the suspected parties, within the Com- 
monwealth. The game, upon the conAn'ction of the 
parties so arrested, shall be forfeited to the State, 
and forwarded by said officer to the most conven- 
ient public hospital, for the use of the sick or 
injured therein; and the guns and shooting para- 
phernalia held, subject to the payment of the pen- 
alty or penalties imposed, with the costs of prose- 
cution; and in the ease of default of the payment 
thereof for a period of five days from the date of 
conviction, unless appeal be taken, to advertise 
the same by public handbill, not less than five in 
number, conspicuously displayed in the borough 
or township where the conviction was secured, and 



GAME, FISH AND FORESTRY LAWS. 23 

after the lapse of ten days from the date of ad- 
vertisement, to sell said guns and paraphernalia at Sale, 
public auction. The fund thus realized shall be Disposition 
applied first, to the payment of costs incurred, °* ^"^*^- 
then to the payment of the penalty imposed, and 
the remainder, if any, shall be returned to the 
owner or owners of the property so seized and sold: 
Provided, That the fact that imprisonment is suf- Proviso, 
fered by any person convicted of violating- the pro- 
visions of this act, shall not prevent the sale of all 
guns and hunting paraphernalia so seized, and 
the application of the fund thus realized to the pur- 
poses before mentioned. 

Section 4. "An act requiring non-resident gunners 
to secure a license before hunting in the Common- 
wealth of Pennsylvania, and providing penalties 
for violations of its provisions," approved the j^gpe*! 
twenty-fourth day of April, Anno Domini nineteen 
hundred and one, be and the same is hereby re- 
pealed. 

Approved— The 14th day of April, A. D. 1903. 

SAML. W. PENNYPACKER, 



AN ACT 
To prohibit the discharge of flobert rifles, air guns, April 16. 

spring guns, in cities and boroughs of this Com- i^os, P. L. 

monwealth. "^• 

Section 1. Be it enacted, &c., That six months Flobert 
after the passage of tliis act it shall be unlawful Jung "and 
for any person to discharge, on the streets or spring jraas. 
alleys of any city or borough in this Common- Unlawfu] to 
wealth, a flobert rifle, air gun, spring gun, or any f^reete^or 
implement which impels with force a metal pellet alleys, 
of any kind. 

Section 2. Any person violating this act shall be pj^^^^ 
arrested, and fined in the sum of five dollars before 
any committing magistrate; and for the second 
offense, shall be fined in the sum of fifteen dollars 
and may undergo an imprisonment in the county 
jail for a period not less than ten days and not 
exceeding thirty days, the person so offending to 
pay all costs of prosecution. 

Approved— The 15th day of April. A. D. 1903. 

SAML. W. PENNYPACKER. 



24 



GAME, FISH AND FORESTRY LAWS. 



April 16. 
1»03. P. L. 

ns. 



Oflacers 
whose duty- 
It is to en- 
force game 
laws. 



Record 

costs. 

The county's 

liability 

therefor. 



AN ACT 

Fixing the liability for record costs, in cases where 
officers, whose duty it is to enforce the game 
laws of this Commonwealth, fail, for any legal 
cause, to receive the same from the defendant. 

Section 1. Be it enacted, &c., That from and after 
the passage of this act, whenever any officer of this 
Commonwealth, whose duty it is by the laws of 
this State to protect our game, our song or our in- 
sectivorous birds, shall in good faith, bring suit 
for violation of any of the laws relative to these 
subjects, and for any legal cause shall fail to re- 
cover the costs of record, the same shall be a 
charge upon the proper county, and shall be aud- 
ited and paid as are costs of like character in said 
county. 

Approved— The 16th day of April, A. D. 1903. 

SAML. W. PENNYP ACKER. 



April 14, 
1905. P. li. 
1(». 

Trespass. 



Upon posted 
land. 



Fine and 
Penalty. 



AN ACT 

Making it unlawful to trespass upon land posted 
as private property, and providing the penalty 
thereof. 

*Section 1. Be it enacted, &c., That from and 
after the passage of this act, it shall be unlawful 
for any person wilfully to enter upon any land, 
within the limits of this Commonwealth, where the 
owner or owners of said land has caused to be 
prominently posted upon said land printed notices 
that the said land is private property, and warn- 
ing all persons from trespassing thereon, under 
the penalty provided in this act. 

Section 2. Every person violating the provisions 
of this act shall be liable to a penalty of not ex- 
ceeding ten dollars, together with the costs of 
prosecution, to be recovered before any majristrate 

•This is not a game or fish law and is printed in this 
pamphlet only as a matter of information to sportsmen. 



GAME, FISH AND FORESTRY LAWS. 



25 



or justice of the peace as fines and penalties are 
by law recoverable; and, in default of payment 
of said fine and costs, the party convicted shall 
be committed to the county jail of the proper 
county, for one day for each dollar of fine im- 
posed. 

Section 3. All penalties recovered under this act 
shall be paid to the school fund of the district in 
which the trespass was committed. 

Approved— The 14'th day of April, A. D. 1905. 

SAML. W. PENNYPACKER. 



AN ACT 



To provide for the appointment of special deputy April i8, 
game protectors, for the Commonwealth of Penn- 1905, P.' L. 
sylvania, and defining their duties and powers. -^^ 



Section 1. Be it enacted, &c.. That from and after 
tlie passage of this act, the Board of Game Com- 
missioners of this Commonwealth shall be empow- 
ered to appoint, at their discretion, competent 
men throughout the Commonwealth, to be known 
as special deputy game protectors, who in all ways 
shall possess the rights and powers now given by 
law to game protectors, and be subject to all re- 
quirements and regulations, either of the law or 
of rules of the Board of Game Commissioners, con- 
trolling the action of such game protectors in this 
Comimonwealth: Provided, Such special deputy 
game protectors shall in no way be entitled to 
recompense from either the county or Common- 
wealth for services rendered or expenses incurred 
in the performance of their duties. 

Approved— The 18th day of April, A. D. 1905. 

SAML. W. PENNYPACKER. 



Special 
deputy game 
protector*. 



Rights and 
powers. 



26 



GAME, FISH AND FORESTRY LAWS. 



AN ACT 



Ua.7 11. 1905, 

P. L. 451. 



Same pre- 
serves on 
foreit reser- 
Tfttlons. 



Authorizing- the Board of Game Commissioners of 
the Commonwealth of Pennsylvania to establish 
and maintain, within the Forestry Reservations 
of this Commonwealth, preserves for the protec- 
tion and propagation of deer, wild-turkey, part- 
ridge, quail, woodcock, and wild-pigeons, and 
making an appropriation for the purpose of stock- 
ing and propagating the same. 

Section 1. Be it enacted, &c.. That it shall be 
lawful for the Board of Game Commissioners of 
the Commonwealth of Pennsylvania, by and with 
the consent of the Commissioner of Forestry, to 
establish within the State Reservations public 
g-ame-preserves, for the protection and propag-ation 
of deer, wild-turkey, partridge, quail, woodcock 
and wild-pigeons, subject to such regulations as 
may be established by the Board of Game Com- 
missioners. 

Approved— The 11th day of May, A. D. 1905. 

SAML. Y^r. PENNTPACKER. 



AN ACT 



Giving additional protection to the game of the 
State and wild birds, within the limits of "pre- 
serves" created under the provisions of the act 
of May eleventh, one thousand nine hundred and 
five, and under the control of the Board of Game 
Commissioners; and prescribing penalties for vio- 
lation of its several provisions. 

Section 1. Be it enacted, &c.. That from and 
Same and after the passage of this act, there shall be a per- 
^wes-'-ves " petAial close season for game of all kinds and for 
wild birds found upon such tracts of land, within 
the Forestry Reservations of the Commonwealth, 
as may be set apart by the Department of Pores- 
try to the use of the Board of Game Commissioners 
as preserves, under the provisions of the act of 
May eleventh, nineteen hundred and five, entitled 



April 15, 
1«W, P. la. 



Perpetual 
cSose season 



GAME. FISH AND FORESTRY LAWS. 



27 



"An act authorizing the Board of Game Commis- 
sioners of the Commonwealth of Pennsylvania to 
establish and maintain, within the Forestry Reser- 
vations of this Commonwealth, preserves for the 
protection and propag-ation of deer," et cetera: 
Provided, Said lands shall be surrounded by a well- 
defined fire line, or cleared strip of land, and by 
at least one wire, with notices posted in conspic- 
uous places calling- attention to the fact that the 
land within the limits of said wire belongs to the 
Commonwealth of Pennsylvania, and has been set 
apart to the use of the Board of Game Commis- 
sioners as a preserve, or a haven of refuge, into 
which game of all kinds and wild birds can re- 
treat and be safe at all times: Provided, That 
none of these preserves shall exceed a circumfer- 
ence of nine miles, or shall be located within 
twenty-five miles of each other. 

Section 2. That it shall be unlawful to hunt for 
or catch or kill or wound or drive, or attempt to 
catch or kill or wound or drive, any animal or 
any wild bird within the limits of such pre- 
serve, established in the Commonwealth, or for any 
person to carry firearms within the limits of such 
preserve, or to take a dog of any kind upon such 
preserve, or to go either with or without firearms 
upon such preserve, during what is known as the 
open season for game in this Commonwealth. 

Section 3. Each and every person violating any 
provision of this act shall be liable to a penalty 
of twenty-five dollars for going upon said land 
at a time, for a purpose, or in a manner prohibited 
by this act, or suffer an im.prisonment in the com- 
mon jail of the county for a period of one day 
for each dollar of penalty imposed. 

Each and every person violating any of the pro- 
visions of this act, by the killing or wounding of 
game within the limits of such preserve, shall be 
liable to a penalty of one hundred dollars for each 
deer killed or wounded, fifty dollars for each bear 
killed or wounded, and twenty-five dollars for eacli 
ruffed-grouse, wild-turkey or quail killed or 
wounded: or suffer imprisonment in the common 
jail of the county, for a period of one day for each 
dollar of penalty imposed: Provided, That nothing 
in this act shall be so construed to prevent any 



Fire-line 
and notices. 



Proviso. 

I-.imit and 
location of 
preserves. 

Hunting, 
etc., forbid- 
den. 



Carry of 
flre-arms, 
etc. 



Violations. 



Fine and 
penalty. 



Killing or 
wounding 
game. 

Penalties. 



Proviso. 



GAME, FISH AND FORESTRY LAWS. 



Summary 
conviction. 



Affidavit. 



Authority 
given mag- 
istrates. 



Warrant. 



Hearing. 



Convictions 



rjlsposition 
of fines. 



citizen of this Commonwealth from going upon said 
lands, without firearms, at any time during what 
is known as the close season for game in this 
Commonwealth; or to prevent any member of the 
Department of Forestry, or to prevent any mem- 
ber of the Board of Game Commissioners, or any 
employe of either of these before-named bodies, 
from going upon said lands in any manner, at any 
time, with firearms or otherwise, for the purpose 
of fighting fire, or for any purpose in compliance 
with the requirements of their official duty. 

Section 4. Each and every magistrate, alderman, 
and justice of the peace of this Commonwealth 
shall have the power of summary conviction in all 
matters pertaining to the enforcement of any of 
tile provisions of this act; and all actions for vio- 
lation of any of said provisions, excepting where 
'the defendant is taken in the act or in a pursuit 
immediately following said act, shall be commenced 
by affidavit made within oue year of the time of 
the commission of such offense. Each and every 
magistrate, alderman, or justice of the peace, on 
complaint made before him, by the affidavit of any 
person, of a violation of any of the provisions of 
this act by any person, is hereby authorized and 
required to issue bis warrant, under his hand and 
seal, directed to any constable, police officer, game 
protector, deputy game protector, or any other 
peace officer of the State whose duty it is to pro- 
tect the game or wild bird? of the State, and to 
cause such person to be brought before him, the 
said magistrate, alderman, or justice of the peace, 
who shaill hear the evidence and determine the 
guilt or innocense of the person charged. If the 
accused be convicted of such offense, he shall be 
sentenced to pay the penalty prescribed by the 
section violated, together with the costs of suit. 
All penalties collected in cases where the prosecu- 
tor is a game protector shall be immediately sur- 
rendered by the court receiving the same to such 
prosecutor, who in turn shall, as soon as may be, 
either deliver or farward such amount to the sec- 
retary of the Game Commission, who shall de- 
posit the same in the State Treasury, for the use 
of the Commonwealth. Where any other than a 
game protector is the prosecutor, one-half of any 
penalty thus collected shall belong to such prosie- 



GAME, FISH AND FORESTRY LAWS. 



cutor, and shall be paid to him by the court re- 
ceiving same, and the remaining one-half of such 
penalty shall be forwarded by such court to the 
county treasurer of the county in which the offense 
was committed, together with a statement of the 
cause for w'hich said money was collected. It 
shall be the duty of each county treasurer to keei) 
a record of the cause for which said money was 
collected, and to forward the same, at least once 
a month, to the State Treasurer, for the use of 
the Commonwealth. Any defendant refusing to 
pay the penalty imposed, together with the costs 
of prosecution, shall be committed to the common 
jail of the county, for a period of one day for each 
dollar of penalty imposed, unless he shall enter 
into good and sufficient recognizance, with one or 
more sureties, to answer such complaint, on a 
charge of misdemeanor, before the court of quar- 
ter sessions of the peace in and for the county in 
which the offense was committed; which said 
court, on the conviction of the defendant of such 
offense, and upon his failure to pay the penalty 
imposed, together with the costs of prosecution, 
shall commit such defendant to the common jail 
of the county for a period of one day for each 
dollar of penalty imposed: Provided, That any 
person charged with a violation of any provision 
of this act may, at his discretion, sign an acknowl- 
edgment of the offense committed, and pay to the 
duly authorized and sworn game protector or 
deputy game protector the penalty in full, as fixed 
by the section violated, with costs to that date; 
and the printed receipt which he shall receive 
therefor, and which in all instances shall bear the 
imprint of the seal of the Board of Game Com- 
missioners and the signature of its secretary, shall 
be evidence of a full satisfaction of the offense 
committed. 

Section 5. All acts or parts of acts inconsistent 
with the provisions of this act are hereby re- 
pealed. 

Approved— The 15th day of April, A. D. 1907. 

EDWIN S. STUART. 



Duty of 

county 

treasurers. 



Refusal to 
pay. 



Penalty. 



Commit- 
ment. 



Proviso. 



Receipt. 



Repeal. 



30 



GAME, FISH AND FORESTRY LAWS. 



AN ACT 



April 10. 
1907. P. L. 
60. 



Bounty, 



Wildcat, 
fox, mink, 
weasel. 



Production 
of slain 
animal or 
pelt. 

Affidavit. 



Duty of 
officials. 



Certificate, 



Creating- a reward or bounty for the destruction of 
certain noxious animals, killed within the Com- 
monwealth of Pennsylvania; providing a method 
for the payment of the same by the several coun- 
ties of the Commonwealth, which, in turn, are 
to be reimbursed by the Commonwealth; making 
an appropriation for such reimbursement; and 
providing penalties for violation of its several 
provisions. 

Section 1. Be it enacted, «fec.. That from and 
after the passage of this act, there shall be paid 
by the Commonwealth of Pennsylvania a reward 
or bounty for the killing, within the Common- 
wealth, of certain noxious animals as follows: 
For each wildcat, the sum of four dollars: for each 
fox, the sum of two dollars; for each weasel or 
mink, the sum of one dollar. 

Section 2. It shall be the duty of any person, who 
having killed one of these animals within the Com- 
monwealth and being desirous of securing the 
reward or bounty named in section one of this 
act, to produce such slain animal, or the entire 
pelt thereof, before any magistrate or alderman 
or justice of the peace of the county in which 
said animal was killed, and to make affidavit 
that he killed the same; stating clearly the time 
of such killing, and that the place at which such 
animal was killed (naming it) was within the 
Commonwealth of Pennsylvania. Upon the pro- 
duction of such animal or pelt, and the making 
of such affidavit, the mag-istrate or alderman or 
justice of the peace, as may be, shall, in the 
presence of the party making such affidavit and 
at least one elector of the county in which the 
claim is made, cut off the ears from such animal or 
pelt, and burn the same. 

Section 3. Upon the destruction of such ears, the 
said official shall give to the party making such 
affidavit a certificate, directed to the commission- 
ers of the county in which he has jurisdiction; 
setting forth clearly the fact that the provisions 
of this act having been complied with, naming 



GAME, FISH AND FORESTRY LAWS. 



31 



the kind of animal killed, the name of the person 
killing- it, the time it Avas killed, and the name of 
the place within the Commonwealth where it was 
thus killed. Upon the presentation of such certifi- 
cate, in proper form, the commissioners of the 
county shall grive an order for the amount named 
in such certificate ±0 the person presenting- the 
saine, drawn upon the county treasurer, directing 
the payment of the reward or bounty as provided 
for by this act; and the county treasurer shall at 
once, upo'n presentation of such order, pay the 
same from the funds in his hands belonging- to 
said county. 

S'ection 4. The county commissioners of the sev- 
eral counties of this Commonwealth shall keep an 
accurate account of all applications made to thern 
for bounty uiider the provisions of this act, and 
shall, on or about -the first day of January and the 
first day of Jure, of each year, prepare and for- 
ward to the Auditor Ceneral of the Commonwealth, 
at Harrisburg, an itemized statement, to be pre- 
pared upon a form supplied by the Auditor Cen- 
eral. of all the several' amounts directed by them 
to be paid between the aforesaid dates, and under 
the pi-oyisions of this act, making affidavit there- 
to; and accompanying the same bv a sworn state- 
ment of the county treasurer, setting forth tVie fact 
tliat the several amounts were actually paid by 
him. in compliance with said orders; and the 
Auditor General shall, if be finds the before-nampd 
return in proper form, draw a warrant in favor 
of such county upon the State Treasurer, for the 
amount so claimed and approved; which said war- 
rant, upon presentation to the State Treasurer, 
shall be paid out of the appropriation hereinafter 
provided. 

Section 5. Any person who shall wilfully or fraud- 
ulently collect, or attempt to collect, any reward 
or bounty provided for by this act. to which he 
or they are not legally entitled under the provi- 
sions of this act; or shall aid or abet, or assist 
in any capacity, official or otherwise, in an at- 
tempt to defraud the State through the collection 
or payment of any reward or bountv provided 
for by this act, shall be guilty of a. misdemeanor 
and, upon conviction thereof, shall be sentenced 



Order. 



Report of 
county eom- 
inlssioner*. 



Warrant. 



32 GAME, PISH AND FORESTRY LAWS. 

to pay to the Commonwealth of Pennsylvania a 
Denalty*^ penalty of not less than one hundred dollars or 

*^ ^' more than five hundred dollars, or suffer an im- 

prisonment in the common jail of the county for a 
period of one day for each dollar of penalty im- 
posed. 
Repeal. Section 7, All acts or parts of acts inconsistent 

with the provisions of this act are hereby re- 
pealed. 
Approved— The 10th day of April, A. D. 1907. 

EDWIN S. STUART. 

Attention is called to section 11, act of May 1st, 
1909, page 46 that forbids the releasing in this 
State of certain animals. 



AN ACT 

Making an appropriation for the payment of a de- 
ficiency that has arisen, under the act of April 
ten, Anno Domini one thousand nine hundred and 
seven, providing for the destruction of noxious 
animals, and making an appropriation for ex- 
penses that may be incurred under said act for 
the two years beginning Jume first, Anno Domini 
one thousand nine hundred and nine. 

Section 1. Be it enacted, &c.. That the sum of 
sixty thousand dollars ($60,000.00), or so much 
thereof as may be necessary, be and the same is 
hereby appropriated for the payment of the defi- 
ciency which has arisen, under the provisions of 
the act of April ten, Anno Domini one thousand 
nine hundred and seven, for the destruction of 
noxious animals. 

Approved— The 13th day of May, A. D. 1909, in 
the sum of $40,000.00. I withhold my approval from 
the remainder of said appropriation because of in- 
sufficient State revenue. 

EDWIN S. STUART. 



GAME, FISH AND FORESTRY LAWS. 



33 



AN ACT 



Prohibiting the use of automatic g-uns, for the 
killing of game or wild-birds within this Com- May n, 1W7. 
mon wealth, and prescribing a penalty for viola- ^- ^- *2». 
tion of its provisions. 



Section 1. Be it enacted, &c. , That from and 
after the passage of this act, it shall be unlawful 
for any person to use what is commonly known as 
an automatic gun for the killing of game in this 
Commonwealth. Each and every person violating 
any provision of this section shall be liable to a 
penalty of fifty dollars for each offense, or shall 
suffer an imprisonment in the common jail of the 
county for a period of one day for each dollar of 
penalty imposed. 

Section 2. Each and every magistrate, alderman, 
and justice of the peace, within this Common- 
wealth, shall have the right of summary convic- 
tion in all matters pertaining to violation of the 
provisions of this act, and all prosecutions for 
violation of any of its provisions shall be con- 
ducted, and the penaltes disposed of, in manner 
and form as is now prescribed by law for violation 
of the game laws of 'this Commonwealth. 

Approved— The Slst day of May, A. D. 1907. 

EDWIN S. STUART. 

This act is consitrtutional and is the law. See 
o-pinion Superior Court case of Commonwealth vs. 
Thos. W. McComb, No. 148 October term 1908. 
Superior Court of Pennsylvania. Appealed from 
Delaware county. 



Automatic 
guns. 

Killing of 
game. 
Violationa. 
Penalty. 



Summary 
conviction. 



84 



GAME, FISH AND FORESTRY LAWS. 



AN ACT 



Act June 1. 
l$m, P. L.. 



Doira. 



Ooilar and 
tag. 



C<junty com- 
missioners 
to furnish 



Stamp Oil 
tag. 



AttRch- 
menl of tag. 



Neglect to 
comply with 

Act. 



Supplementary to "An act for the taxation of dogs 
and the protection of sheep," approved the 
■twenty-fifth day of May, Anno Domini one thou- 
sand eight hundred and ninety-three; requiring 
all dogs to wear a collar, to be provided by the 
owner, together with a tag to be attached 
thereto showing payment of tax; imposing 
certain duties upon constables, tax collectors, 
and county commissioners; and providing for 
the killing of dogs whose owners fail to com- 
ply with this act and the act to which this is 
a supplement. 

Sectiofn 1. Be it enacted, &c.. That hereafter all 
dogs, made taxable by the act to which this is a 
supplement, shall be required to wear, at all times, 
a substantial collar, to which shall be attached the 
tag hereinbefore mentioned; said collar to be fur- 
nished by the owner of said dog or dogs; and said 
tag to be furnished by the county commissioners, 
and to be paid for by them, out of the fund realized 
from the taxation of dogs. 

Section 2. The county commissioners of the sev- 
eral counties shall prepare and furnish annually, 
to the several tax collectors of the county metal 
tags, to be given by said tax collectors to the 
owners of dogs when said owners shall pay the 
tax assessed upon said dogs. Upon one side of said 
tags shall be stamped, in raised letters, the fol- 
lowing "Dog tax for (naming the year), 

paid." 

Section 3. At the time of payment of dog tax by 
the owner of such dog, the tax collector shall give 
to said owner one of said tags, prepared for the 
year for which said tax Is paid, which said tag 
ghall thereupon be attached to the collar of the dog 
for which said tax was paid by the owner of said 
dog. 

Section 4. Should the owner of any dog or dogs 
neglect to pay the tax assessed for said do? or 
dogs, and to comply otherwise with the provisions 
of this act during the year for which saiid tax is as- 
gessed, it shall immediately thereafter he the duty 
of the proper tax collector to give notice, either 



GAME, FISH AND FORESTRY LAWS, 



35 



written or verbal, to said owner that if he fails to 
pay said tax, and also to comply with the pro- 
visions of sections one and tliree of this act as to 
the collar and tag required to be worn, within ten 
days or to kill his dog himself, within said time, 
that said dog will thereupon be killed by the con- 
stable of the proper district. 

Section 5. In case of default by any such owner 
as to complying with the requirements of this act, 
and particularly Vv^ith section four as to payment 
of tax, wearing collar and tag, and killing his said 
dog, it shall thereupon be the duty of the tax col- 
lector of said district, and -shall also be the right 
and privilege of any citizen of the proper district, 
to notify the proper constable of the said district 
of such failure and default, and that it thereupon 
becomes the duty of said constable ito kill said dog. 
And in either case, it shall thereupon be the duty 
of such constable to kill all such dogs; and for 
such service said constable shall be entitled to re- 
ceive for each dog killed by him, from the county 
commissioners, out of the fund realized from the 
taxation of dogs, the sum of fifty cents. 

Section 6. Every person keeping dog or dogs 
about his house or premises, permitting such dog 
or dogs to stay about his house or prem.ises, shall 
be taken and deemed to be the owner of such 
dog or dogs, for all the purposes of this act. 

Section 7. All acts or parts of acts inconsistent 
herewith be and the same are hereby repealed. 

Approved— The 1st day of June, A. D. 1907. 

EDWIN S. STUART. 



Notice t« 
owner. 



Klllin* of 
dog. 



Default «f 
owner. 



Notice to 
cons table. 



Duty of 
constable. 



Fee. 



"Owner** 
deflmed. 



Repeal. 



This is not a game law and is placed in this book 
simply for information. 



36 



GAME, FISH AND FORESTRY LAWS. 



AN ACT 



Hunting or 
•hooting on 
Sunday pro- 
hibited. 



Open season. 



Close 
■on. 



"Person' 
Aeflned. 



Singular 
and plural. 



Gender. 



First oflfense 
and refusal 
to pay. 



ffwnalty. 



To provide for the protection and preservation of 
game, g-ame-quadrupeds and g-ame-birds, and 
song- and insectivorous and other wild birds, and 
prescribing penalties for violation of its several 
provisions. 

Section 1. Be it enacted, &c., That there shall 
be no hunting or shooting on the first day of the 
week, called Sunday, and any person offending 
against the provisions of this section shall be liable 
to a penalty of twenty-five dollars for each and 
every offense. 

Section 2. That the time during which game of 
this Commonwealth may be legally taken, killed, 
caught, or tra piped shall be known as the open 
season, and the time during which game may not 
be legally taken, killed, caught, or trapped shall 
be known as the close season, for game in this 
Commonwealth; and in the designation of seasons 
and other periods under this act, and under all 
other laws of this State for the protection of game, 
such open season or period shall include the first 
day of date mentioned in the designation, but shall 
not include the last date mentioned. 

Section 3. Whenever in this act the word per- 
son is used, such word shall be taken to include 
every person, firm, partnership, institution, asso- 
ciation, or corporation, or the agent or agents 
thereof. All words or terms in this act which refer 
to persons or individuals, and which are in the 
singular number, shall be taken to include the 
plural number, and the words of the plural number 
shall include the singular number. All words of a 
masculine g-ender shall be taken to include the fem- 
inine gender. 

Section 4. Wlienever, because of a violation of 
any provision of this act, a person shall be con- 
victed for a first offense and a penalty be imposed 
and the defendant shall neglect or refuse to im- 
mediately pay said amount together with the costs 
of prosecution, in lawful money of the United 
States, he shall be at once committed to the com- 
mon jail of the county for a period of one day for 
each dollar of penalty imposed, unless he shall enter 



GAME, FISH AND FORESTRY LAWS. 



37 



into good and sufficient recognizance to pay said 
penalty and costs within a period of ten days after 
the date of his said conviction, or shall certiorari 
the proceedings, or shall carry the case to' a higher 
court on ap^peaJ, as provided for in this act. For 
the second or any other offense, the defendant 
shall, in addition to the penalty prescribed for the 
first offense, suffer an imprisonment of one day 
in jail for each dollar of penalty imposed: Pro- 
vided, That in every case of a conviction for vio- 
lation of any provision of this act, wherein a de- 
fendant suffers imprisonment in lieu of a cash pay- 
ment of the penalty imposed, all traps, guns, 
shooting paraphernalia, boats, decoys, and other 
appliances used in violation of the law, and found 
or proven to have been either in possession or un- 
der control of tlie defendant at the time of such 
violation, shall be, and they are hereby, declared 
forfeited to the Commonwealth of Pennsylvania, 
and shall be sold under the direction of the Board 
of Game Commissioners; and the money thus se- 
cured be applied by them, first, to the payment of 
the costs incurred, and the balance be deposited 
with the State Treasurer, for the use of the Com- 
monwealth. The defendant being entitled to a 
credit of one day off liis imprisonment for each 
dollar so deposited for the first offense only. 

Section 5. The following shall be considered 
g"ame-birds in this Commonwealth: The Anatidae, 
commonly known as swan, geese, brant, and river 
and sea-ducks, and the Pygopodes, known as 
looins and grebes, — the members of these two orders 
being commonly known as wild water- fowl, — the 
Rallidae, commonly known as rails, coots, mud- 
hens and gallinules: the Limicolae. commonly 
known as shore-birds, plovers, surf-birds, snipe, 
wood-cocks, sand-pipers, tattlers, and curlews; the 
Gallinae commonly known as wild-turkeys, grouse, 
pheasants, partridges and quail; and the birds 
known as dove, reed birds, and blackbirds. 

Section 6. The game laws of this Commonwealth 
s'hall not be construed to apply to any public zoo- 
logical garden of the State, or to any public insti- 
tution of the State, wherein animals or birds may 
be maintained alive for educational purposes, or 
for the purpose of scientific study or experiment; 



Ball. 



Appeal. 



Subsequent 
offense. 



Proviso. 



ForfeitUT*. 



Game-blrdB. 



Where pro- 
visions of 
act shall 
not apply. 



as 



GAME, FISH AND FORESTRY LAWS. 



Wlien penal- 
ties shall 
«ot attach. 



Orsmtlngr of 
©»rtiflcate«. 



Ordinary 
oartmcatfls. 



&!znltatlons. 



y®titi©n. 



or to the Board of Game Commissioners of this 
State, or to its duly authorized agent or agents, 
acting for the State; and no law of this State shall 
be held to prevent the Board of Game Commis- 
sioners, through its duly authorized agent, from 
destroying birds or animals destructive of game, 
in such manner as they may direct. Nor shall the 
penalties as attached to any game law of this Com- 
monwealth be construed to apply to the agent of 
any public school or museum, legally acting under 
the provisions of a certificate issued by the Board 
of Game Commissioners . authorizing the holder 
thereof to take birds, their nests and eggs, for 
strictly scientific S'tudy, as provided for in this 
act, in which case the holders of such certificates 
shall be limited to the rights and privileges therein 
named. The said Board of Gaime Commissioners 
shall be empowered to grant certificates, at their 
discretion, to the agent of any public museum in 
this Commonwealth, or to a teacher of ornithology 
in any school within this Commjonwealth, author- 
izing the holder thereof to take birds, their nests 
and eggs, for strictly scientific study or for mount- 
ing, or to any other person, or for propagation 
purposes, within the State, in accordance with the 
following provisions: A certificate, to be known 
as an ordinary certtificaite, may be granted by the 
Board of Game Commissioners to any properly ac- 
credited person and legally authorized to act as 
the agent of any public museum, or to the teacher 
of ornithology in any school, within the Common- 
wealth, residing in tliis Commonwealth, permit- 
ting the holder thereof to collect wild birds other 
than game birds, their nests and eggs, within this 
Commonwealth, for stricitly scientific study and 
miounting, but not for sale or exchange, or ship- 
ment from or removal out of this Commonwealth, 
without the w^ritten consent of the president of the 
Board of Game Commissioners. The number of 
birdis that may be taken under a certificate of this 
character shall be limited to eight of each species, 
with nests to the number of two, and the eggs 
found therein. In order to secure this certificate, 
the party desiring ithe same sliall file with the sec- 
retary of the Board of Game Commissioners, at 
Harrisburg, a petition asking tbaJt such privilege 



GAME, FISH AND FORESTRY LAWS. 



Taxidermy 
for profit. 



Certiflc«t«w 



ProriB*. 



be granted to him. Each and every person desir- 
ing to practice taxidermy for profit, within this 
Commonwealth, sliall, before beginning such prac- 
tice, secure from the secretary of the Board of 
Game Commissioners of this State a certificate au- 
thorizing him to thus act; and the possession of 
such certificate shall authorize such person to re- 
ceive from persons who have legally taken the 
same, within the Comimonwealth, the skin, or any 
part thereof, of any birds or animal found within 
the Commonwealth, and to tan or cure or mount 
the same, either himself or through any legitimate 
employe; and to tan or cure or mount the skin, 
or anj^ part thereof, of any game-bird or game- 
animal, legally killed by himself or given to him 
by anyone who has legally killed the same; and 
to sell such mounted specimen, only after written 
permission to so do has been procured from the 
president of the Board of Game Commissioners of 
this Commonwealth: Provided, The holder of a 
certificate authorizing the practice of taxidermy 
shall be required, before a second. or any other cer- 
tificate shall be issued to him, to file with the 
secretary of the Board of Game Commissioners, at 
Harrisburg. an itemized statement in writing, un- Report, 
der oath, of all skins or parts thereof, either of 
game-birds or game-animials, killed by himself or 
presented to him, and sold by him under the pro- 
visions of liis certificate, with the name and place 
of residence of the person from v^-hom the same 
were received: and shall also answer truthfully and 
without evasion any question relative to violations 
of the game-laws of the State, by any person other 
than himself, that may be asked him by an offi- 
cer of the said Board of Game Commissioners of 
this Commonwealth. A failure to so report or to 
answer the questions asked under the provisions 
of this section, shall be considered a just cause 
for refusal, upon the part of the Board of Game 
Commissioners, to renew the certificate of any tax- 
idermist in this Commonwealth. The before-men- 
tioned petition shall be accompanied by the written 
statement of at least two well known citizens of 
the community in which said applicant may reside, 
certifying to the good character and fitness of said 
applicant to be entrusted with said authority. S'ald 



GAME, FISH AND FORESTRY DAWS. 



Fee. 



Special cer- 
tificate. 



Condition of 
issue. 



Penalty. 



Forfeiture. 



Term of cer- 
tificate. 



Fropagatlng 
certificate. 



Petition. 



applicamt shall pay to the secretary of said board 
the sum of one dolliar for such certificate. 

A certtiflcate, to be known as a special certificate, 
to take birds for strictly scientific study, may be 
issued by the Board of Game Commissioners, and 
shall be controlled by the same conditions and re- 
quirements as the ordinary certificate, excepting 
that such certificate may be issued only to a per- 
son of known scientific attainment in ornithology; 
in which case the holder tliereof shall be authorized 
to take the wild birds and animals of this State, 
wiithou't limitation, for strictly scientific study or 
experiment, but not for sale or exchange, or ship- 
ment from or removal out of the State, without 
the written permission of the president of the 
Board of Game Commissioners. Persons having a 
certificate, and taking a greater number of birds, 
nests or eggs than is permitted by this act, or the 
shipping of the same out of the State, or the sale 
of skins or parts thereof, either mounted or other- 
wise, excepting as herein provided, or in any 
manner violating any provision of this act, shall 
be subject to the penalties prescribed by existing 
law, in the same manner and to the same extent as 
though no certificate had been issued. Upon the 
conviction of the principal, therein named, of hav- 
ing violated any of the provisions of this section 
relative to either of these certificates, the certifi- 
cate becomes void. Such certificate shall be in 
force for a period of one year from the date there- 
of, and shall not be transferable. 

Section 7. A certificate, to be known as a prop- 
agating certificate, may be issued by the Board 
of Game Commissioners to any accredited person 
of tins Commonwealth, of the age of twenty-one 
years or upwards, permitting the holder thereof 
and his assistants to breed or raise game-quadru- 
peds or game-birds of any kind in this Common- 
wealth, both or either, and to sell the same alive 
for propagating purposes, or to sell the dead bodies 
of game-quadrupeds for profit, under the following 
restrictions and regulations: Any person or cor- 
poration or association desiring to operate a propa- 
gating plant for game, in this Commonwealth, 
shall file with the secretary of the Board of Game 
Commissioners, at Harrisburg, a petition askmg 



GAME, FISH AND FORESTRY LAWS. 



41 



for this privilege. In all cases where the premisea 
intended to be used for this purpose are under the 
control of a company or association, the petition 
shall bear the name of the president of such body, 
and the certificate be issued in his name. This 
petition shall be accompanied by a written descrip- 
tion of the premises to be used for such purpose, 
with its location. Which said premises, for the 
purpose of this act, in the matter of the raising of 
small g-ame, may be in such form as to the opera- 
tor thereof seems best suited to his purposes. But 
in the matter of the raising of deer or other large 
game, the preserve shall in all cases be surrounded 
by a wire fence, of approved pattern for game pre- 
serves, with a height of not less than eight feet, 
so constructed and maintained as to absolutely pre- 
vent wild deer from jumping into said preserve or 
in any manner passing into said preserve from the 
outside. It being also disitinctly understood, that 
before the fence surrounding any preserve of this 
character shall be completed or closed, all wild 
deer that may be found upon said territory be, as 
far as possible, driven therefrom by the owner 
of such lands, under the direction and supervision 
of an officer of the Game Commission. 

The certificate herein provided for shall be good 
for one year from the date thereof, and shall be 
transferable only at the discretion and under con- 
ditions that may be prescribed by the Board of 
Game Commissioners. The bond hereinafter pro- 
vided for shall be forfeited to the Commonwealth, 
and the certificate to become void, upon the con- 
viction of tlie principal, therein named, of having 
violated any of the provisions of this section, or 
having knowingly or negligently permitted any one 
to violate any of the game laws of this Common- 
wealth, on said premises. 

Upon noitiflcation of the favorable consideration 
of this petition, by the Board of Game Commis- 
sioners, the applicant shall pay to said secretary, 
for the use of the Comimonwealth, the sum of one 
dollar, and file a duly executed bond, properly se- 
cured, in the sum of five hundred dollars, con- 
ditioned for the faithful keeping, upon the part 
of the principal therein named and his employes 
upon said premises, of all the provisions of this 



Pre8«rv««, 



Term of 
tiflcaU. 



Forfelturai. 



Pee. 
Bond. 



43 



GAME, FISH AND FORESTRY LAWS. 



Record shall 
b«J kept. 



Annual 

statement. 



inspection. 



Boxes, 

crates, etc. 
Hhall be 
tagged. 



section and all other giame-laws of this State. He 
shall keep, as nearly as possible, a just and true 
account, in a book to be kept for that purpose 
only, of all game raised on said premises; a just 
and true account of all g-ame brought to said prem- 
ises from outside of the preserve, the number of 
birds or animals, with the time they were received, 
the place from whence they were shipped, and the 
name of the shipper. He shall keep a strict ac- 
count of all game sold, its character, the number 
of birds or quadrupeds, the time and manner of 
shipment, with the name and address of the pur- 
chaser; and shall file with the secretary of the 
Board of Game Commissioners, at Harrisburg, 
an itemized statement from the before-named book 
account, at the close of every twelve months, be- 
ginning with the date of the certificate. Data thus 
collected by the Board of Game Commissioners 
shall be held strictly confidential, and shall be 
used by said board only for the purpose of satisfy- 
ing themselves that the law relative to this sub- 
ject is being obeyed within said preserve, or as 
evidence in cases where r.hey are satisfied the law 
is not being obeyed. This book, together with the 
premises described and all game thereon, shall be 
open to inspection upon demand of any member 
of the Board of Game Commissioners of this State, 
or of its secretary, or to any game protector, upon 
the presentation by such game protector of written 
instructions from the secretary of the Board of 
Game Commissioners, directing him to thus inspect 
such plant: and the refusal of any person holding 
a propagating certificate to permit such inspection 
by any of the oflicers abovc-na,med, or the neglect 
or refusal upon the part of said holder of such 
certificate to comply with the reasonable request 
of the secretary of the Board of Game Commis- 
sioners, in any matter pertaining to said plant in 
which the said hoard has a legal right to be heard, 
r^hall be sufllcient cause for refusal upon the part 
of said board to renew any propagation certificate 
in this Co-mimonwealth. All boxes or crates, or 
packages of any description, in which small game 
may be shipped or removed from said premises, 
shall, before removal therefrom, have attached 
thereto a card, to be supplied by the Board of 



GAME, FISH AND FORESTRY LAWS. 



43 



name Commissioners, upon which shall be plainly- 
written, in the blank spaces left for that purpose, 
the name and address of the purchaser, with the 
contents of the box, crate or package: Provided, 
That where deer, or any animal classed as large 
game in this Commonwealth, shall be raised in a 
preserve, under the provisions of this section, they 
may be sold or given away, and shipped alive 
from said enclosure for propagating purposes, at 
any time of the year, of either sex, and in any 
number, when properly marked; and may be killed 
within said enclosure, for sale or gift without re- 
gard to sex or numbers, only during the open sea- 
son for wild deer within the Commonwealth, and 
for thirty days thereafter; and may be shipped 
from said preserve, and sold anywhere within the 
Commonwealth, during the open season for deer 
within the Commonwealth, and for thirty days 
thereafter, under the following restriotions: Be- 
fore any deer, or large animal classed as large 
game in this Commonwealth, shall be removed or 
shipped from any propagating plaint within this 
Com.mon wealth, there shall first be attached to 
either the crate or box in which the animal is 
shipped, or to the animal itself, a tag or marker, 
in such form as may be decided upon by the Board 
of Game Commissioners of this Commonwealth, 
which said tag or marker shall be supplied by said 
Board at cost, upon demand made by any person 
legally operating a propagating plant within this 
Commonwealth. These tags or markers shall be 
issued in duplicate, and it shall be the duty of any 
person raising and selling, or shipping, such deer 
or laj'ge game animal, to attach to either the crate 
or box in which a live animal is shipped, or to 
the body of a dead animal raised in such preserve, 
one of these tags or markers, and to forward the 
duplicate thereof at once to the Board of Game 
Commissioners, at Harrisburg. The tag or marker 
so attached to either crate or box or animal, shall 
remain thus attached until the living animal is 
released from the crate or box, or the dead body 
of the animal is cut up for retail purposes or final 
consumption; after which the tag or marker shall 
be removed from the crate or box, or remainder of 
the carcass, by the person finally disposing of the 



Proviso. 



Deer «jid 
large gtnii^. 



KJllIng and 
Bhipment. 



Restrictioius, 



Tag or 
marker. 



Attaclime»t 
of tag. 



Forwardiajr 
of duplicc,t«. 



Forward Las 
of tag. 



44 



GAME, FISH AND FORESTRY LAWS. 



Failure to 
comply. 



Penalty. 



Unlawful 
removal or 
mutilation 
of tag. 



Penalty. 



Unlawful 
use of tag. 



Penalty. 



Wild birds 
other than 
fame-birds. 



animal, and shall be at once forwarded to the 
Board of Game Commissioners, at Hairisburg. 
Eiach and every person failing to comply with the 
requirements of this section, in the matter of at- 
taching tag's or markers before shipment of ani- 
mials, shall, upon conviction, be sentenced to pay 
a penalty of one hundred dollars for each offense. 
And each and every person failing to comply with 
the requirements of this section, in the matter of 
returning to the Board of Game Commissioners 
the tags so afHxed, shall, upon conviotion, be sen- 
tenced to pay a penalty of ten dollars for each 
offense. 

Section 8. It shall be unlawful for any person 
within this Commonwealth to wilfully or wantonly 
remove or mutilate or destroy any tags or marker 
so afTixed to any crate or box or animal in com- 
pliance with the requirements of this act, at any 
time or at any place, within the Commonwealth, 
except as designated by this act, or by authority 
of the consignor or consignee of such game, or of 
some officer of some court of this Commonwealth, 
or of some game protector of the Commonwealth. 
Each and every person violating any provision of 
this section shall, upon conviction thereof, be sen- 
tenced to pay a penalty of fifty dollars for each tag 
or marker wantonly removed, mutilated or de- 
stroyed. 

Section 9. It shall be unlawful for any person 
within this Commonwealth to wilfully use any such 
tag or marker, prescribed by this act, for the pur- 
pose of protecting or carrying game of any kind 
killed outside of licensed preserves within this 
Commonwealth, or for the purpose of protectina: or 
carrying a second shipment of game from any such 
licensed preserve within this Comimonwealth. Each 
and every person convicted of such offense shall be 
sentenced to pay a penalty of one hundred dollars 
for each tag used in violation of the provisions of 
this section. 

Section 10. Tt shall be unlawful for any person 
within this Commonwealth, except as provided for 
in this act, to at any time shoot at. wound, or 
take or kill anv wild bird other than a game-bird, 
or to have such bird or anv part thereof in PO!='ses- 
sion or under control, within this Commonwealth. 



GAME, FISH AND FORESTRY LAWS. 



45 



or to offer or expose the same for sale; or to trans- 
port or ship or remove, or attempt to transport or 
ship or remove, from this Commonwealth, any such 
bird or any part thereof, protected by the laws of 
this Commonwealth; or to have in possession or 
under control, or to sell or to offer to sell, within 
this Commonwealth, either living- or dead, any 
wild birds other than a game-bird, that has been 
broug-ht into this Commonwealth from another 
State or country, that is of a kind found in a wild 
state in this Commonwealtli. Whoever shall vio- 
late any provision of this section shall be liable to 
a penalty of ten dollars for each bird shot at, 
wounded, killed, taken, or had in possesion, or 
sold, offered for sale, transported, shipped, or re- 
moved, or attempted to be transported, shipped, 
or removed, out of this Commonwealth, or for any 
part thereof, in any manner held for a purpose con- 
trary to the provisions of this act: Provided, how- 
ever, That the blue- jay, the English sparrow, the 
European starling, the kingfisher, the shrike, the 
eagle, buzzard, the osprey, sharp-shinned hawk. 
Cooper's hawk, g-oshawk, duck hawk, pigeon 
hawk, the great-horned owl, barrel owl, the crane, 
the heron, the bittern, the crow, and the raven 
shall not be protected by any law of this Common- 
wealth, and may be killed at any time; and that 
nothing in this art shall prevent the possession or 
sale alive, within this Commonwealth, of either 
game-birds or game animals that have been im- 
ported for propagating purposes; or to prevent at 
any time the purchase or sale within this State, 
or the shipment out of the State, of the living 
bodies of English, Mongolian or Chinese pheasants, 
or of Belgian hare, raised in captivity, that are 
shipped from such place of confinement without 
being first released or set at liberty in the Com- 
monwealth; or to prevent the possession of the 
tanned skin, or any part thereof, of any wnld bird 
or animal legally taken in tliis Commonwealth, or 
brought into this Commonwealth from any other 
Sitate or country, from which the same was legally 
imported. 

Section 11. It shall be unlawful for any person to 
bring:, or in any manner to have transported, into 
this Commonwealth, from any other State or coun- 



Killing. 
wounded, 
shipment or 
possession 
of, etc. 



Penalty. 



Unprotected 
birds. 



Imported 
pame blrd», 
etc. 



English, 
JVIongollan or 
Chinese 
pheasants, 
and Belgiaa 
hare. 



Unlawful 
Importation. 



46 



GAME, FISH AND FORESTRY LAWS. 



Penalty. 



Nests and 



Penalty. 



Open season. 
"Woodcock 
and ruffed 
grouse, etc. 



Wild turkey 
and qaall. 



Proviso. 



Violations. 



try, any living specimen, or any egg thereof, of 
the bird known as the European starling, or any 
other bird or any living animal the importation of 
whicii is prohibited by the National Secretary of 
Agriculture, under the provisions of what is known 
as the Lacey Bill, or of any other law of this 
Nation, or to release within this Comimon wealth 
any fox, wild-cat, mink, or weasel, brought into 
this State from another State. Whoever shall vio- 
late any of the provisions of this section shall be 
sentenced to pay a penalty of fifty dollars for each 
bird or egg or animal sO' imported or brought into 
this State. 

Section 12. Excepting as provided in this act, no 
person within this Oommonwealth shall take, or 
have in possession or under control, either the nest, 
or any egg found therein, of any wild bird, either 
game or otherwise protected by the laws of this 
Commonwealth, or shall wantonly interfere with 
or destroy any such nest or egg. Whoever shall 
offend against any of the provisions of this section 
shall bo sentenced to pay a penalty of ten dollars 
for each nest of a wild bird, other than a game- 
bird, either interfered with or wantonly destroyed; 
and shall be sentenced to pay a penalty of fifty dol- 
lars for each nest of a game-bird either wantonly 
interfered with or destroyed. 

Section 13. It shall be unlawful for any person in 
this Commonvv^ealth, excepting as provided for in 
this act, to take or kill or wound, or have in pos- 
session, either living or dead, any game-bird or 
game-animal, or any part of such bird or animal, 
protected by this act. The open season for wood- 
cock shall be from the first day of October to the 
first day of December of each year; and ruffed- 
grouse, commonly called pheasant, English or 
Chinese pheasant, shall be from the fifteenth day 
of October to the first day of December of each 
year. The open season for wiid-turkeys and quail 
shall be from the fifteenth day of October to the 
fifteenth day of November of each year: Provided, 
That no Hung-arian quail shall be killed, wounded, 
or shot at, in this C'omim on wealth, for a period of 
two years after the date of this act. Wlioever shall 
shoot at, or taken, or kill any of the birds named 
In this section, during the closed season for such 



GAME. FISH AND FORESTRY LAW'S. 



47 



Penalty. 



Open sea«on. 

Grass plov- 
er, rail, 
coot, or 
mud-hen. 
dove, rpe^- 
bird, black- 
bird. 6a,nd- 
piper, CTir- 



Bnlpe. 



Wild water- 
fowl. 



Violation*. 



birds, shall, upon conviction, be sentenced to pay 
a penalty of twenty-five dollars for each bird shot 
at, killed, or wounded contrary to the provisions 
of this section. 

Section 14. The open season for upland or g-rass 
plover, within this Commonwealth, shall be from 
the fifteenth day of July to the first day of Decem- 
ber of each year. The open season for rail, coot, 
or mud-hen. dove, reed- bird, blackbird, sandpiper, 
tattler, curlew, or any other shore bird, shall be 
from the first day of September to the first day of 
January next following-. The open season for 
Wilson or jack snipe shall be from tlie first day of lew, etc 
September to the first day of May next following. 
The open season for all kinds of birds known as 
wild water-fowl shall be from the first day of Sep- 
tember to the tenth day of April next following. 
During- which time such wild water-fowl, of all 
descriptions, and other birds named in this section 
may be killed without limit. Whoever shall shoot 
at, take, kill, or wound anj^ of tlie birdis named 
in this section, during the close season for such 
birds, shall, upon conviction, be sentenced to pay 
a penalty of iten dollars for each bird thus shot at, 
taken, killed, or wounded, contrary to the pro- 
visions of this section. 

Section 15. It shall be unlawful to shoot or injure, 
or to hunt for or to kill, any of the gam.e-birds pro- 
tected by this act, during- the night-time. And the 
word "night" shall be couistrued to mean, that time 
beginning one hour after sundown and extending 
to one hour before the next sunrise following. Or 
to kill g-ame of any kind, within this Common- 
wealth, excepting through or by the use of a gun, 
such as is usually raised at ann's length and fired 
from the shoulder. And no person, excepting as 
provided for in this act, shall at any tim.e set. lay, 
or prepare, or use. any trap, snare, net. birdlime, 
swivel-gun, deer-lick, pitfall, turkey blind, turkey 
call or pen. or to makp use of any artificial light, 
battery, or other deception or contrivance or device 
whatever, with intent to catch, take, injure, or 
kill any of the game-birds or game-animals in any 
of thp sections of this act mentioned. Excepting Exceptions 
that decoys and blinds may be used in hunting wild 
■v\''ater-fowl, and that rabbits may be taken through 



Penalty. 



>7ight hunt- 
ing-. 



Night do- 
fined. 



Killing ex- 
cept with 
g-un. 

Setting or 
using- trap, 
snare, or 
other de- 
vice. 



48 



GAME, FISH AN© FORESTRY LAWS. 



Bteel traps. 
Proviso. 



Vlolatloiui. 

Penalty. 

Proviso. 



Fine. 



Penalty. 



Unlawful 
use of water 
craft. 



Penalty. 



the use of box-traps, and that bear may be taken 
through the use of traps and pens: Provided, That 
every steel bear-trap set in this Oommonwealth 
shall have attached thereto a metallic tag- bearing 
the name of its owner, and that no steel trap of 
any description, above the size of a muskrat-trap, 
shall be set in any place without being surrounded 
by a barrier of poles or logs or other material, so 
arranged as to prevent human beings and domestic 
animals being caught therein, and so that human 
beings may have plain notice that a trap is there 
set. Whoever shall offend against any of the pro- 
visions of this section shall be liable to a penalty 
of fifty dollars for each and every effense so com- 
mitted: Provided also. That every person who 
shall set a bear-tra,p or bear-pen shall visit such 
trap or pen at least once in every forty-eight hours, 
unless prevented by sickness or storm. Any person 
violating this provision shall be liable to a penalty 
of ten dollars for each day he neglects, or fails to 
visit, such trap or pen, after the lapse of forty- 
eight hours from the time of his last visit; or, in 
lieu thereof, shall suffer imprisonment in the 
county jail for a period of one day for each dollar 
of penalty imposed. 

Section 16. It shall be unlawful to hunt for or 
pursue, or to follow after, with intent to kill, any 
wild water-fowl protected by law, within this Com- 
monwealth, from or with, or through the use of, 
any craft propelled by any means other than oars, 
pole, or hand-paddJe. Any person using a craft 
or boat for such purpose, other than one propelled 
by oars, pole, or hand-paddle; or the captain or 
owner, or other person in charge, of such boat or 
craft, who shall allow or knowingly permit the 
same to be used contrary to the provisions of this 
section, while he is on board, shall be liable to the 
penalties herein imposed. Each and every person 
who shall violate any of the provisions of this sec- 
tion shall be sentenced to pay a penalty of fifty 
dollars per 6ay, for each day on which any for- 
bidden craft or boat may be used to hunt or pur- 
sue, or to follow after, with intent to kill, wild 
water-fowl; and ten dollars for each other con- 
trivance or device set, placed, or carried contrary 
to the provisions of law. 



GAME, FISH AND FORESTRY LAWS. 



49 



Section 17. It shall be unlawful for any person 
to catch, take, or kill in any one day, in this 
Commonwealth, more than five ruffed-grouse, 
commonly called pheasant, or more than ten wood- 
cock, or more than ten English, Mongolian, or 
Chinese pheasant; or more than twenty of either 
of the above kinds in any one week, or more than 
fifty of any of the aforesaid kind in any one season; 
or more than five Hungarian quail in any one day, 
or more than twenty in one week, or more than 
thirty in any one season; or more than ten quail, 
commonly called Virginian partridge, in any one 
day, or more than forty of such birds in any one 
week, or more than seventy-five thereof in any one 
season; or more than one wild-turkey in any one 
diay, or more than two wild-turkeys in any one 
season, counting each week as beginning on Mon- 
day morning and ending the Saturday night fol- 
lowing; or to have in possession at any one time, 
within this Commonwealth, more than the number 
above limited for the season, if the same had been 
caught, taken or killed within this Commonwealth. 
Each and every person violating any provision of 
this section shall, upon conviction, be sentenced to 
pay a penalty of twemty-five dollars for each bird 
killed or had in possession contrary to its pro- 
visions. 

Section 18. It shall be unlawful for any person to 
shoot at, or take or kill or wound or attempt to 
take or kill or wound, any deer in this Common- 
wealth, except from the fifteenth day of Novem- 
ber to the first day of December of the same year; 
or to kill in any one season more ttian one deer, 
which in every instance shall be a male deer, with 
horns visable above the hair; or to have a deer so 
killed or taken, or any part thereof, in possession, 
except during said open season and for thirty days 
thereafter: Provided, That the possession of the 
dead body of a deer, or any part thereof, shall, 
unless the head, bearing horns, be attached there- 
to, or unless said head, bearing horns, shall be 
immediately produced upon demand made by any 
ofllcer of the Commonwealth whose duty it is to 
protect the game of the State, in all instances, be 
prima facie evidence of a violation of the pro- 
visions of this act, and shall render the person in 



Pheasant, 
woodcock, 
etc. 

Limit. 



Hungarian 
auall. 



Quail, or 

Virg-inia 

partridge. 

Wild-turkey. 



ViolationB. 
Penalty. 

Deer. 

Open season. 
Limit. 



Proviso. 



50 



GAME, FISH AND FORESTRY LAWS. 



Violations. 

Penalty. 

Deer in 
Btreams. 
Donds. etc. 

Dojrs. 



Penalty. 



Buckshot. 



Violations. 
Penalty. 



M'hos9 possession or under whose control the same 
m&y be found, or who may be proven to own the 
same, liable to a penalty of one hundred dollars 
for each offense. Each and every person violating 
any provisions of this section shall be sentenced to 
pay a penalty of one hundred dollars for each 
offense. 

Section 19. It shall be unlawful for any person, 
at any time, to shoot at, or to kill, wound, or 
capture, any deer in the 'waters of any of the 
streams, pondis, or lakes within this Common- 
wealth; or for any person to make use of a dog- in 
hunting- deer within this Commonwealth; and the 
fact that a dog- of any description shall be taken 
into the woods, or shall be had in possession or 
under control in the woods, or shall be cared for 
or harbored, or permJtted to remain with any in- 
dividual, or in the camp of any person or persons, 
w^ho may g-o to hunt during the open season for 
doer in this State, shall render each person in 
whose care or under whose control the dog may 
be outside of the cam.p, and each person in said 
camp, liable to the full penalty prescribed by law 
for the unlawful taking or killing of deer within 
this Commonwealth, upon proof duly sworn to, 
that the dog so taken into the woods, or had in 
possession or under control, or harbored, cared for, 
or permitted to remain with any person or in the 
camp of any person or persons, did, -^athin a 
radius of ten miles from said caimp, or from the 
point wherein a dog m.ay be taken by any indi- 
vidual, run after, pursue, or follow upon the track 
of any deer or fawn for a distance of one hundrpd 
yards. It shall be unlawful for any person to make 
use of what is known as buckshot in hunting deer 
within this Commonwealth: or to kill or wound, 
or attempt to kill or wornd, any deer within this 
•rwealth, by or with or through the usp of a 
gun propelling or emitting more than one pellet, 
bullet, or ball, at such deer, through a single dis- 
charge. Any person violating- any of the pro- 
visions of this section shall be subject to the 
penalties provided by this act for the unlawful 
taking or killing of deer during the closed season. 
The g-ame laws of this Coimim on wealth shall not 
be held to apply to elk. 



GAME. FISH AND FORESTRY LAWS. 



51 



Section 20- Any dog- pursuing or following upon 
the track of a deer or fawn within tliis Common- 
wealth is hereby declared to be a public nuisance. 
Such dog may be killed by any person, when seen 
pursuing or following upon the track of a deer or 
fawn within this Commonwealth; or by a game- 
proitector, deputy game-protector, game-warden, 
forestry- warden, or any other officer of the State, 
whose duty it is to protect any of the game of the 
State, upon affidavit being made by one or more 
persons acquainted with tlie facts, before an officer 
authorized to administer oaths, that said dog is in 
the habit of, or has been seen or heard running 
upon the track of or pursuing any deer or fawn in 
this Commonwealth, within a period of one year 
from the date of such affidavit. The owner of a 
dog thus killed in conformity with the law, or 
proven to have pursued a deer for the distance of 
one hundred yards or more, within this Common- 
wealth, shall be liable to a penalty of twenty-five 
dollars for each deer or fawn pursued, and fifty 
dollars for each deer or favcn killed or caused to be 
killed, by such dog running at large, without aid 
or direction of its master. Where the owner of a 
dog shall neglect or refuse to take care of his dog, 
after notice in writing from an officer of the State, 
whose duty it is to protect the game of the State, 
to the effect that the dog in question is in the habit 
of pursuing deer, he shall be liable to double the 
amount, as fixed above, for the first offense, such 
penalty to be recovered as are other penalties im- 
posed by this act. 

Section 21. Any dog, off land controlled by the 
owner of such dog, pursuing or following upon the 
track of any game-quadruped, such as hare or 
rabbits, and known as small-game, or following 
upon the track of any game-bird or other wild bird 
protected by existing law, during what is known as 
the closed season for such anim.al or bird in this 
Commonwealth, is hereby declared to be a public 
nuisance; and may be killed by the owner or lessee 
of land whereon it is found, or by any employe of 
such owner or lessee, or by a game-protector. 
deputy game-protector, game- warden, forestry- 
warden, or any other officer of the Commonwealth 
whose duty it is to protect the game of this St^te. 



Doo:s^ run- 
ning deer. 



Owner's lia- 
bility. 



Notice to 
owner. 



riouble pen- 
alty. 



Dog-s pursu- 
ing srame 
or wild 

birds. 



Public nuis- 
ance. 
Killingr of. 



52 



GAME, FISH AND FORESTRY LAWS. 



Collar and 
name-plate. 



Pursuiner 
small Rame. 



Killing of 
doer. 



Proviso. 
Training:. 



Selling, of- 
fering: for 
sale. etc.. 
of certain 
g-ame-birds 
or g:ame 
animals. 



When seen upon the track of such game or wild 
bird, unless such dog shall wear a collar having 
attached thereto a metalic tag or plate upon which 
shall be plainly inscribed, in English, the name 
and address of the owner of such dog; and any 
dog thus wearing a collar, inscribed as before 
mentioned, pursuing small game off land controlled 
by the owner of such dog, during what is known 
as the closed season for such game or wild birds, 
may be killed by the owner or lessee of any land 
upon which such dog may be found, or by any em- 
ploye of either the owner or lessee, or by a game- 
protector, deputy game-protector, game- warden, 
forestry- warden, or any officer of the State whose 
dU'ty i't is to protect the game of the State, when 
such dog is seen upon the track of such game, after 
notice in writing from that particular person, or 
from the Secretary of the Game Commission, has 
been given to the owner or reputed owner of such 
dog, to the effect that the dog in question is in the 
habit of destroying, or pursuing or following upon 
the track of, game or wild birds, contrary to the 
provisions of this section: Provided, That dogs, 
when accompanied by and under the control of 
tlieir masters, may be trained upon any of the 
living wild-game or birds of this State, excepting 
deer and fawn, from the fifteenth day of Augu&t 
to the first day of January next following, so long 
as no injury is inflicted upon said animals or birds. 
Section 22. No person shall at any time buy, sell, 
or expose for sale, or offer for sale, any ruffed- 
grouse, comimonly called pheasant; or quail, coim- 
monly called Virginia partridge; nor any deer, or 
part thereof; which shall have been caught, killed, 
or taken within this Commonwealth. No person 
shall at any time try to sell, expose for sale, or 
offer for sale any ruffed-grouse, commonly called 
plieasant, which shall have been killed, caught, or 
taken outside of this Commonwealth, save only 
during the open season for ruffed-grouse in this 
Commonwealth, and for thirty days thereafter; 
and no person shall at any time buy, sell, expose 
for sale, or offer for sale, any woodcock, or the 
dead body or any part thereof of any wild-turkey, 
or of any Hungarian quail, whether caught, killed, 
or taken within or without this Commonwealth. 



GAME, FISH AND FORESTRY LAWS. 



53 



Each and every person violating any of the pro- 
visions of this section shall be liable to a penalty 
of one hundred dollars for each deer or part there- 
of, and twenty-five dollars for each game-bird 
named in this section, or for any part thereof, 
bought, sold, exposed, or offered for sale, or other- 
wise held contrary to any provision hereof. 

Section 23. No person shall have in his possession, 
excepting during the open season therefor, and 
thirty days thereafter, any ruffed-grouse, co'm- 
monly called pheasant, any English, Mongolian, 
or Chinese pheasants, any quail, commonly called 
Virginia partridge, any wild-turkey, any wood- 
cock, any Hungarian quail, or any other game- 
bird, protected by this act, or any deer, or the dead 
body of any deer or hare or rabbit or squirrel, or 
parts thereof, which shall have been caught, killed, 
or taken within this Commonwealth. Each and 
every person violating any provision of this section 
shall be liable to a penalty of fifty dollars for each 
deer, and twenty-five dollars for each bear, and 
ten dollars for each game-bird of any kind, pro- 
tected by this act, and five dollars for each hare or 
rabbit, or gray or black or fox squirrel, or for any 
part thereof, which shall have been lawfully taken 
or killed within this Commonwealth, and unlawfully 
held contrary to the provisions of this section: 
Provided, That the owner or owners of game pre- 
serves in this State shall have the right to keep 
living deer and fawn therein at all times, to kill 
the same subject to the laws of this State, and to 
sell or give away the same, under the provisions 
of this act; and that all kinds of game killed in 
this Commonwealth, excepting deer, wild-turkey, 
ruffed-grouse, woodcock, quail, commonly called 
Virginia partridge, and Hungarian quail may be 
bought and sold within the Commonwealth during 
the open season for such game, and for thirty days 
thereafter. 

Section 24. No person shall capture or kill in this 
Commonwealth any deer, wild-turkey, ruffed- 
grouise, commonly called pheasant; quail, com- 
monily called Virginia partridge, or Hungarian 
quail, or woodcock, for wages or hire, or other 
valuable consideration. Each and every person 
who shall offend against any provisions of this 



Penalty. 



Unlawful 
possession 
of pheasant, 
quail, wild- 
turkey, 
woodcock, 
deer, bear, 
etc. 



Penalty. 



Proviso. 
Game ore- 



Game that 
may be 
bousrht and 
sold. 



Hunting, 
for wages 
or hire. 



54 



GAME, FISH AND FORESTRY LAWS. 



Penalty. 

Squirrels. 

Open season. 

Limit. 

Hares or 
rabbits. 



Fine. 

Proviso. 
Red squir- 
rel. 

Lawful kill- 
ing- as a 
protection. 



Used for 
food or sold. 



Proviso. 
Bear. 

Open season. 



Proviso. 



Killing: out 
of season. 



section shall, upon conviction, be sentenced to pay 
a penalty of twenty-five dollars for each offense. 

Section 25. The open season for gray, black, or 
fox squirrels, in this Commonwealth, shall be 
from the fifteenth day of October to the first day of 
December in each year, and it shall be unlawful 
for any person to kill more than six squirrels of the 
combined kinds in one day. The open season for 
hare or rabbits shall be from the first day of No- 
vember to the fifteenth day of December next fol- 
lowing-, and it shall be unlawful for any one person 
to kill more than ten hare or rabbits in any one 
day. Every person who shall offend against any 
provision of this section shall, upon conviction, be 
sentenced to pay a penalty of ten dollars for each 
animal Icilled or taken in violation of law: Pro- 
vided, Th.at the pine or red squirrel is not pro- 
tected by this act; and that it shall, at all times 
lie lawful for the owner or lessee of real estate to 
kill, or have killed by his legitimate employe, on 
his certain premises, in any legal manner, any 
squirrel, or any hare or rabbit, as a protection to 
cultivated crops or trees, but for no other reason; 
and the fact that a squirrel or hare or rabbit, so 
ostensibly killed, shall be used for food, or for 
]>roflt through its sale, by any person, shall be 
evidence conclusive of a violation of the protective 
feature of this section, and shall render the person 
so killing or using or selling said animal liable to 
the penalty imposed for the unlawful killing of 
rabbits. Each and every person violating any pro- 
vision of this section shall be liable to a penalty 
of ten dollars for each squirrel, hare, or rabbit thus 
unlawfully killed or disposed of. Provided, It 
shall be unlawful to kill, take or capture bear, of 
any description, save only from the first day of 
October to the first day of January next following. 
Each and every person who shall kill, wound, take, 
or capture any bear contrary to the provisions of 
this act shall he liable, on conviction, to a penalty 
of fifty dollars for each bear or cub wounded, 
taken, killed, or captured: Provided, That noth- 
ins- in this act shall be construed to prevent any 
person from killing a bear, within this Common- 
wealth, when such animal is inflicting or attem.pt- 
ing to inflict injury to either the person or personal 



GAMOE, FISH AND FORESTRY LAWS. 



55 



property of any individual within the Common- 
wealth; or the killing of such bear in a pursuit 
commenced within forty-eight hours after the com- 
mission of such offense; or at any time after the 
commission of such offense, upon the affidavit of 
one or more persons to the effect that they have 
reasonable cause to believe that the bear in ques- 
tion has committed such oifense, or to prevent any 
person from killing- a bear, at any time, when such 
animal is found upon his own property and witliin 
one mile of his place of residence. 

Section 26. Excepting as permitted by this act, 
no person shall purchase, sell, or expose for sale, 
or have in his possession for any purpose whatso- 
ever, the dead body or any part thereof, of any 
game-quadruped or game-bird of the kinds enu- 
merated in any section of this act, if the same have 
been caught, killed or taken within this Common- 
wealth, save only during the open season for such 
kinds of game in this State, and for thirty days 
thereafter. Each and every person who shall 
offend against any of the provisions of this sec- 
tion shall be liable to a penalty equal in amount to 
the penalty imposed by this act for the killing of 
such animal or bird during the closed season. 

Section 27. No person within this Commonwealth 
shall hunt or catch or kill, or cause or permit the 
hunting of, hare or rabbits, with or through the 
use of a ferret, under the penalty of twenty-five 
dollars for each ferret so used, and twenty-five 
dollars for each hare or rabbit so taken through the 
use of or by the aid of a ferret. And the fact that 
any person shall place a ferret in any hole or open- 
ing in the ground outside of buildings, in which a 
rabbit might be found, or shall be caught in the 
act of using a ferret in the taking of hare or rab- 
bits, or shall have a ferret in possession or under 
control in either the fields or the forests or in the 
highways of this Connmon wealth, or shall be proven 
to have used a ferret while hunting, or shall while 
going hunting or while returning from such a hunt 
have a feiret either in possession or under control, 
shall render such person liable to the penalty of 
twenty-five dollars for each ferret had in posses- 
sion or under control at that time. Any ferret 
found in the possession or under control of a per- 



Purchase. 
sale. etc.. 
of dead 
ffame aua4- 
rupeds or 
game-bird». 



Penalty. 



Ferrets. 



Hunting 
with. 



^ne. 



Possession 
or control of 
ferrets. 



Fine. 



56 



GAME, FISH AND FORESTRY LAWS. 



Forfeiture. 



Shipment or 
removal of 
rame from 
the State. 



Common 
carriers. 



Penalty. 



Game in % 
transit. 



son convicted of violating any provision of this sec- 
tion shall be forfeited to the Commonwealth, and 
shall be immediately killed by the officer into whose 
hands such animal may come. 

Section 28. No person, company, or corporation, 
or the ag-ent or the employe thereof, shall, at any 
time, transport or ship or remove, or cause to be 
transported, shipped, or removed, out of this 
State, any game-animal or game-bird or wild bird 
protected by this act; or shall catch, take, or kill, 
or have in his possession or under his control, any 
of the game-birds or game-mammals or wild birds 
of this State, the killing of which at any or all 
times is prohibited by the laws of this State, with 
intent to allow or aid in the shipment or removal 
thereof out of this State; and, excepting as pro- 
vided for in this act, it shall be unlawful for any 
person, railroad company, express company, stage 
driver, or any corporation or person acting in the 
capacity of a common carrier, their officers or em- 
ployes, to knowingly receive for transportation or 
transport, or remove, or aid or assist in remov- 
ing, beyond the limits of the State, any of the 
wild birds or game-birds or game-mammals men- 
tioned in this act. Whoever shall offend against 
any of the provisions of this section shall be liable 
to a penalty of one hundred dollars for each and 
every effense: Provided, That nothing contained 
in the laws of this Commonwealth shall be held to 
impose any penalty upon the transportation of 
game in unbroken packages, in transit through 
this State from another State, or to the shipment 
out of the State, at any time, of game legally 
killed or taken in another State, whether the same 
be in original packages or otherwise; and no 
penalty shall attach, in any way, when game 
legally killed in this Commonwealth is delivered, 
in good faith, to an express company or other 
common carrier for transportation from one point 
to another point in this State, and actually de- 
livered at the point of destination within this 
State, if necessarily carried out of this State to 
reach its destination: And provided further. That 
any non-resident licensed hunter may take with 
him personally, when leaving the State, any of the 
game-mammals or game-birds that such licensee 



GAME, FISH AND FORESTRY LAWS. 



57 



has lawfully taken or killed in this Commonwealth, 
not exceeding the number that any one person may 
lawfully take or kill in any one day: Provided, 
That no g-ame shall be taken out of this State 
unless accompanied by the owner th^jreof, and the 
g-ame so shipped shall have attached thereto a tag 
showing the name and address of the owner and 
the number of his license. 

Section 29. The possession during the close 
season, by any person within this Commonwealth, 
of a living or dead bird or animal of any kind pro- 
tected by this act, or the possession of any part 
thereof, or of the egg or nest or any part thereof 
of any such bird, shall be prima facie evidence that 
the same was taken or held contrary to the pro- 
visions of law, and shall render each person, in 
whose possession or under whose control the same 
shall have been found, liable to the penalties im- 
posed for violation of that provision of this act fix- 
ing a penalty for the killing of such bird or animal 
out of season, or of that provision fixing penalties 
for interfering with bird's nests, as the case may 
require. 

Section 30. It shall be lawful to trap quail, coni- 
monly called Virginia partridge, or Hungarian 
quail, from the first day of January to the first day 
of April next following, for the purpose of keep- 
ing them alive during the winter, or for the pur- 
pose of separating a covey to increase the chances 
of propagation, but for no other purpose whatever; 
and quail thus taken shall not be transported from 
one locality to another locality in this State, ex- 
cepting by written permission of the president of 
the Board of G-ame Commissioners. All birds thus 
taken shall be liberated in the spring, as soon as 
the weather will permit. 

Section 31. Each and every magistrate, alder- 
man, and justice of the peace of this Common- 
wealth shall have the power of summary conviction 
in all matters pertaining to the enforcement of any 
of the provisions of this act: and all actions for 
violation of any of said provisions, excepting where 
the defendant is taken in the act or on pursuit im- 
mediately following said act, shall be commenced 
by affidavit, made within one year of the time of 
the commission of such offense. Each and every 



Non-reai- 
dent may 
take one 
day's shoot. 
etc. 
Proviso. 



Possesaloa 
of erame 
during clo«« 
season. 



Nests. 



Quail, trap- 
pingr of. 



Summary 
conviction. 



58 



GAME, FISH AND FORESTRY LAWS. 



Warrant. 



Healing. 



Penalties. 



Disposition 
of p«nal- 



▲i>D«al. 



magistrate, alderman, or justice of the peace, on 
complaint made before him, by the affidavit of any 
person, of a violation of any of the provisions of 
this act by any person, is hereby authorized and 
required to issue his warrant, under his hand and 
seal, directed to any constable, police officer, 
game-protector, deputy game-protector, or any 
other peace officer of the State whose duty it is to 
protect the game or wild birds of the State; and to 
cause such persons to be brought before him, the 
said magistrate, alderman, or justice of the peace, 
w^ho shall hear the evidence and determine the guilt 
or innocence of the person charged. If the accused 
be convicted of such offense, he shall be sentenced 
to pay the penalty prescribed by the section vio- 
lated, together witih the costs of suit. All penalties 
collected in cases where the prosecutor is a game- 
protector shall be immediately surrendered by the 
court receiving the same to such prosecutor, who 
in turn shall, as soon as may be, either delivered 
or forward such amount to the Secretary of the 
Board of Game Commission, who shall deposit the 
same in the State Treasury, for the use of the 
Commonwealth. Where any other than a game- 
protector is the prosecutor, one-half of any penalty 
thus collected shall belong to such prosecutor, and 
shall be paid to him by the court receiving the 
same; and the remaining one-half of such penalty 
shall be forwarded, within ten days after said con- 
viction, by such court to the Secretary of the Board 
of Game Commissioners, at Harrisburg, together 
with a statement of the cause for which said 
money was collected. It shall be the duty of said 
Secretary to keep a record of the cause for which 
said money was collected, and deposit the same, 
at least once a month, with the State Treasurer, 
for the use of the Commonwealth. Any defendant, 
being dissatisfied with the finding of the alderman 
or justice of the peace, in a trial for any violation 
of the game laws of this Commonwealth, shall be 
entitled to an appeal. The case to be proceeded 
with as are charges of misdemeanor regularly re- 
turned to the court of quarter sessions of the 
peace; and it shall be the duty ot the district at- 
torney to submit a bill of indictment, charging the 
offense returned, to the grand jury at its next 



GAME, FISH AND FORESTRY LAWS. 



Failure to 
pay fine. 



Acknowl- 
edg-ment of 



regular session. Which said court, on the con- conviction 
viction of the defendant of such offense, and his 
failure to pay the penalty imposed by this act, 
tog-ether with the costs of prosecution, shall com- 
mit such defendant to the common jail of the 
county for the time as prescribed by section four 
of this aet: Provided, That any person charged Proviso, 
with a violation of any provision of this act, may, 
at his discretion, sign an acknowledgment of the 
offense committed, and pay to the duly authorized 
game-protector or deputy game-protector the pen- offense, 
alty in full, as fixed by the section violated, to- 
gether with costs to that date; and the printed 
receipt which he shall receive therefor, and which 
in all instances shall bear the imprint of the seal 
of the Board of Game Commissioners and the sig- 
nature of its secretary, shall be evidence of full 
satisfaction of the offense committed. 

Section 32. All acts or parts of acts inconsistent 
with the provisions of this aet are hereby repealed. 

Approved— The Isit day of May, A. D. 1909. 

EDWIN S. STUART.' 



Receipt. 



Repeal. 



AN ACT 



To give additional protection to wild birds and 
animals and game Avithin the Commonwealth 
of Pennsylvania; prohibiting the hunting for, or 
capture or killing of, such wild birds or animals 
or game by unnaturalized foreign-born residents; 
forbidding the ownership or possession of shot- 
gun or rifle by any unnaturalized foreign-born 
resident, within the. Comm.on wealth; and pre- 
scribing penalties for violation of its provisions. 

Section 1. Be it enacted, &c.. That from and after 
the passage of this act, it shall be unlawful for 
any unnaturalized foreign-born resident to hunt 
for or capture or kill, in this Commonwealth, any 
wild bird or animal, either game or otherwise, of 
any description, excepting in defense of person or 
property; and to that end it shall be unlawful for 
any unnaturalized foreign-born resident, within this 



Wild birds 
and animals 
and g-ame. 

Unlawful 
for unnat- 
uralized for- 
eiRn-born 
citizens to 
hunt. 



GAME. FISH AND FORESTRY LAWS. 



Or to own 
or possess 
shotgun or 
rifle. 

Violations. 
Penalty. 

Proviso. 



Forfeiture 
of gruns. 



"Unnatura- 
lized for- 
eign-born 
resident" 
defined. 



Possession 
outside of 
building. 



Presence of 
guns In 
room, house. 
etc. 



Notice of all 
seizure. 



Commonwealth, to either own or be possessed of 
a shotgun or rifle of any make. Each and every 
person violating any provision of this section shall, 
upon conviction thereof, be sentenced to pay a 
penalty of twenty-five dollars for each offense, or 
undergo imprisonment in the common jail of the 
county for the period of one day for each dollar 
of penalty imposed: Provided, That in addition 
to the before-named penalty, all guns of the before- 
mentioned kinds found in possession or under con- 
trol of an unnaturailied foreign-born resident shall, 
upon conviction of such person, or upon his sign- 
ing a declaration of guilt as prescribed by this 
act, be declared forfeited to the Commonwealth 
of Pennsylvania, and shall be sold by the Board 
of Game Commissioners as hereinafter directed. 

Section 2. For the purposes of this act, any un- 
naturalized foreign-born person who shall reside 
or live within the boundaries of the Common- 
wealth of Pennsylvania for ten consecutive days 
shall be considered a resident, and shall be liable 
to the penalties imposed for violation of the pro- 
visions of this act. 

Section 3. That the possession of a shotgun or 
rifle at any place outside of building, within this 
Commonwealth, by an unnaturalized foreign-born 
resident, shall be conclusive proof of a violation of 
the provisions of section one of this act, and shall 
render any person donvicted thereof liable to the 
penalty as fixed by said section. 

Section 4. That the presence of a shotgun or 
rifle in a room or house, or building or tent, or 
camip of any description, within this Common- 
wealth, occupied or controlled by an unnaturalized 
foreign-born resident, shall be prima facie evidence 
that such gun is owned or controlled by the per- 
son occupying or controlling the property in which 
such gun is found, and shall render such person 
liable to the penalty imposed by section one of 
this act. 

Section 5. That notice of the seizure of all guns, 
made for violation of any provision of section 
one of this act, shall be sent to the Board of Game 
Commissioners, at Harrisburg, by the oflficer mak- 
ing such seizure, immediately after the finaJl verdict 
in any prosecution brought for violation of said 



GAME, FISH AND FORESTRY LAWS. 



61 



provisions, or upon the signing of the acknowledg- 
ment of guilt, as hereinafter provided; and the 
gun so seized shall be sold, at the discretion of 
the Board of Game Commissioners, who shall ap- 
ply the money thus realized, first, to the pay- 
ment of costs arising from such prosecution and 
seizure, and the remainder, if any, shall be paid 
to the State Treasurer for the use of the Common- 
wealth. 

Section 6. That all duly appointed and sworn 
officers of the Board of Game Commissioners of 
this Commonwealth, and all constables, police 
officers, members of the State constabulary, 
forestry-wardens, and all peace officers of the 
Commonwealth, shall have the right, and it is 
hereby made their duty, to arrest, without war- 
rant, any person whom they have good reasons 
to suspect as belonging to the class of unnatural- 
ized foreign-born residents, when they find such 
person with guns of the before-mentioned kind in 
possession, within the Commonwealth of Pennsyl- 
vania. Such arrests may also be made upon Sun- 
day, in which case the perskDn or persons so arres- 
ted, for safe-keeeping may be committed to the 
jail or lock-up for that day; but shall be taken 
before the proper magistrate and proceeded against 
on a week day following the arrest; and any or 
either of such officers shall have the right and 
power, where they suspect the concealment by an 
unnaturalized foreign-born resident of guns of 
the before-mentioned kind, to apply to any court 
having jurisdiction of the offense, within the Com- 
monwealth, who, upon receipt of proof made by 
affidavit of the probable cause for believing in such 
concealment, shall issue a search warrant and 
cause a search to be made in any place; and to 
that end, the said officer shall have power, after 
demand and refusal, to cause any building, room, 
inclosure, or car to be broken open and entered, 
and any closet, chest, locker, box, trunk, crate, 
basket, box, or package, or other receptacle, to be 
open and contents examined by said officer. 

Section 7. Each and every magistrate, alderman, 
and justice of the peace of this Commonwealth 
shall have the power of summary conviction per- 
taining to the violation of any of the provisions 



Sale. 



Duty of 
officers. 



Arrests. 



Sunday ar- 
rests. 



Concealment 
of Kuns. 



Search war- 
rant. 



Magistrates, 
aldermen 
and justices. 
Summary 
conviction. 



62 



GAME, FISH AND FORESTRY LAWS. 



Warrant. 



Hearing. 



Disposition 
of fines. 



Duty of the 
Board. 



Refusal to 
pay penalty. 



of this act; and all actions for violation of any of 
the provisions hereinbefore-mentioned, excepting 
where the defendant is taken in the act or in a 
pursuit immediately following- the act, shall be 
commenced by affidavit made within one year of 
the time of such violation. Each and every magis- 
trate, alderman, and justice of the peace, 'on com- 
plaint made before him, on affidavit of any per- 
son, of a violation of the provisions of this act by 
any person, is herewith authorized and required 
to issue his warrant, under his hand and official 
seal, directed to any constable, police officer, game 
protector, or any other officer of the State known 
as a police officer and authorized to serve 
warrants, and cause such person to be brought 
before such magistrate, alderman, or justice of 
the peace, who shall hear the evidence and de- 
termine the guilt or innocence of the party charged. 
If the accused be convicted of such offense, he 
shall be sentenced to pay the full penalty pre- 
scribed by the section violated, and to pay all 
costs of prosecution. All penalties collected in 
cases where the prosecutor is a paid officer of the 
Board of Game Commissioners shall be immediately 
surrendered by the court receiving the same to 
such prosecutor, who in turn shall, as soon as 
may be, forward or deliver such amount in full 
to the secretary of the board, who shall at once 
deposit the same to the use of the Commonwealth. 
Where any other than a paid officer of the Board 
of Game Commissioners is the prosecutor, one- 
half of any penalty thus collected shall belong to 
said prosecutor, and be paid to him; and the re- 
maining one-half shall be forthwith forwarded to 
the secretary of the Game Commission, at Harris- 
burg, together with a statement of the cause for 
which said money shall have been collected. The 
cost of which statement is hereby fixed as fifty 
cents, and made a part of the costs of prosecution. 
It shall be the duty of the Board of Game Commis- 
sioners to keep a record of the cases for which 
said money was collected, and to deliver the fund 
thus arising, at least once a month, to the State 
Treasurer, for the use of the Commonwealth. Any 
defendant refusing to pay such penalty, with the 
costs of prosecution, shall be committed to the 
common jail of the county, for a period of one 



GAMiE, FISH AND FORESTRY LAWS. 



63 



day for each dollar of penalty imposed, unless he 
shall enter a good and sufficient recognizance, with 
one or more sureties, to pay such penalty within 
ten days, or to answer such complaint, upon the 
charge of misdemeanor, before the court of quarter 
sessions of the peace of the county in which the 
offense was committed; which said court, upon 
the conviction of the defendant of such offense, and 
on his failure to pay the penalty imposed, together 
with the costs of prosecution, shall commit such 
defendant to the common jail of the county for 
a period of one day for each dollar of penalty im- 
posed: Provided, That any person charged with 
violation of the provisions of this act may, at his 
discretion, sign an acknowledgment of the of- 
fense committed, and pay any duly sworn game 
protector the penalty in full, as fixed by the section 
violated, with costs to that date and the printed 
receipt therefor, which shall in every instance bear 
the seal of the Board of Game Commissioners and 
the signature of its secretary, shall be evidence 
of full satisfaction for the offense committed: Pro- 
vided also. That all guns seized, in cases in which 
the before-mentioned receipt is given, shall be 
sold under the provisions of section five, and the 
moneys realized therefrom be supplied as therein 
directed. 

Section 8. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 8th dav of May. A. D. 1909. 

EDWIN S. STUART. 



Penalty. 



Commit- 
ment. 



Proviso. 



Acknowl- 
edprment of 
offense, and 
payment. 



Receipt. 



64 GAME, FISH AND FORESTRY LAWS. 



BOARD OF GAME COMMISSIONERS. 

Jas. H. Worden, President, Harrisburg; C. K. Sober, Lewis- 
burg; W. Haywood Meyers, Williamsport; Dr. Chas. B. Pen- 
rose, Philadelphia; Arthur Chapman, Doylestown; John M. 



Phillips, Pittsburg. 



NOTICE. 



Commonwealth of Pennsylvania, 
OfRce of the Board of Game Commissioners. 

Harrisburg, Pa., June 1, 1907. 

The Game Commission of Pennsylvania wishes it to be fully 
and distinctly understood that they are trying to interpret and 
enforce the game laws of this State according to their idea of 
the spirit and purpose, rather than its exact wording. For in- 
fitance, the law says that no person shall have ,a game bird in 
possession except during a certain season, nor shall anyone 
have in possession at any time a bird of a kind, known as "a 
wild-bird other than a game bird," excepting under the pro- 
visions of law. If upon investigation it develops that a bird 
of either of these kinds was taken into possession through a 
spirit of kindness and with the intent to benefit or to save the 
life of a suffering bird, we will construe this action to be in 
accord with what we understand to be the purpose of the law. 
Namely, a step toward the preservation and protection of 
our birds, and one that should be commended rather than 
condemned. 

Again, while the letter of the law permits the Game Com- 
mission or its duly authorized officers to do certain things that 
It forbids the ordinary citizen to do, we construe this to be a 
provision intended to benefit the Commonwealth and not in- 
tended to benefit the officer, and will in no instance permit 
Buch officer to exercise a privilege of this kind for personal 
profit. We will not permit one of our ofllcers to lead an inno- 
cent person into temptation for the purpose of collecting a 
penalty— either for his own use or for the use of this office. For 
Instance, the law gives game protectors, for the purpose of 
eeeuring evidence, the right to buy or sell certain game, that 
may not be bought or sold for any purpose by any other in- 
dividual in the State under a penalty of twenty-five dollars. 
A country boy may kill a pheasant, and a dollar to him may 
exceed several times over the value of the bird. We will not 



GAME, FISH AND FORESTRY LAWS. 65 

permit any of our officers to lead such a person into a viola- 
tion of the law for the purpose of collecting a penalty. Neither 
will we, for the purpose of making a case, permit an officer to- 
sell game to an unwary and entirely innocent individual, who 
may be hunting. But where we are led to believe persons are 
wilfully and deliberately violating the law, either throug-h 
the purchase or sale of game of a kind, the purchase or sale of 
which is forbidden, we feel that it devolves upon us to break 
up such practice, and will do our best to secure the necessary 
evidence to attain that end. 

These illustrations cover the principal we have adopted as 
our guide. We are striving to preserve the game and wild 
birds of the State for the benefit of all people of the State. 
Wild birds, because of the value of their life work; game birds 
for the same reason; and in addition, the value to man of an 
outing in pursuit of such game and its value as a food supply. 
In conformity with these ideas the Game Commission proposes 
to prosecute and punish all violators of the game laws that 
may come to their notice. It will thankfully receive, and 
hereby earnestly invites any information relative to violations 
of the game laws of the State. W^e ask that letters upoo 
this subject be made as comprehensive as may be, giving, as 
far as possible, the name of the offender, the location, the 
nature of the offense, and the date upon which it was com- 
mitted, with the names of witnesses and the post-office ad- 
dresses of same, so that we may be able to investigate quickly. 
Intelligently and with as little expense as possible. 

This request includes misconduct upon the. part of our officers 
as well as violations of the game laws. The name of any 
person giving us information in this way will be held strictly 
confidential. 

Respectfully yours, 

JOSEPH KALBFUS, 
Secretary of the Game Commission. 



GAME, FISH AND FORESTRY LAWS. 



SUMMARY OF IMPORTANT PROVISIONS OF THE GAME 
LAWS OF PENNSYLVANIA. 



The Game Commission has nothing- whatever to do with 
the enforcement of either the fish or forestry laws of this Com- 
monwealth. 

All letters on the subject of game, song, or insectivorous 
birds, should be addressed to the Secretary of the Game Com- 
mission, at Harrisburg. 

Game protectors have authority to enforce the game laws 
of the State only. They have no authority to arrest for viola- 
tion of any other law, and an appointment of this kind carries 
no special rights or privileges, to the officer as an individual. 

A game protector is authorized to enter upon any land of 
the S^tate, in the line of his duty, for the purpose of enforcing 
the law but he has no rig-ht, as an individual to hunt or in 
any manner trespass upon posted lands contrary to the wish 
of the owner thereof. 

A game protector is authorized to act anywhere in the State. 

All game protectors, deputy game protectors and special 
deputy game protectors of the Commonwealth of Pennsylvania, 
appointed by the Board of Game Commissioners, also all mem- 
bers of the State police authorized by act of May 2, 1905, are 
vested with like powers, and have the right to arrest without 
warrant, or to search the person or property of any one they 
may catch in the act of violating any game law of the Com- 
monwealth or whom they may catch in a pursuit immediately 
following the act, or whom they have reasonable cause to 
suspect of having, within a limited time, violated any of the 
game laws of the State. But they are not authorized to arrest 
or search without warrant after the offender has once reached 
his place of residence, unless they were actual witnesses to 
the violation and as rapidly as possible followed the offender 
to that place. 

Constables of the several wards boroughs and townships of 
this Commonwealth are ex-officio game wardens, and have the 
same power throughout the county, wherein they are elected, 
as have the protectors appointed by the Game Commission. 



GAME, FISH AND FORESTRY LAWS. «7 

Constables are liable to fine and imprisonment, where they 
neglect or refuse to enforce the game laws, after their atten- 
tion has been called to the matter, in a prescribed form. 

Section 5, Act of March 22, 1899, page 16. 

Any person or persons interfering with a game protector of 
this Com.monwealth in the discharge of his duty, or resisting- 
arrest shall be liable to a penalty'' of one hundred dollars. 

Section 4, Act of May 21, 1901, page 18. 

A constable where he is the prosecutor Is entitled to one- 
half of the penalty recovered, and to ten dollars extra from the 
county, for each conviction secured for violation of the game, 
fish or forestry laws. Deputy game protectors are entitled 
to the same reward. 

Any citizen of the Commonwealth has the right to prose- 
cute for violation of the game and fish laws, and is entitled to 
one-half of all penalties recovered. 

Read sections 2, 3 and 4 of the act of May 1st, 1909, carefully, 
page 36. 

39. Where a person is caught in the act or is arrested for 
violating Siny law of this Commonwealth giving protection to 
game, song, or to insectivorous birds he is to be tried sum- 
marily. 

Section 31 of the act of May 1st, 1909, page 57. 

No unnaturalized foreign-born resident can legally own a 
rifle or shotgun, or can hunt or shoot, within the Common- 
wealth, page 59. 

There shall be no hunting or shooting on Sunday. 
Penalty, $25. Section 1, May 12, 1909, page 36. 

When an arrest is made for violation of that provision of the 
game law prohibiting hunting on Sunday, the evidence and 
the record must show that game or wild birds were hunted 
or killed, the kind of game or birds hunted or killed had best 
be named. It will not do to simply charge the defendant with 
hunting or shooting on Sunday, the game laws of this State 
were passed for the protection of game and wild birds and not 
to preserve the sanctitj' of the Sabbath, and the courts have 
held that before a defendant can be convicted of violating 
section one, of the act of June 4, 1897, it must be proved that 
game or a bird of some kind protected by this act was hunted 
or killed on Sunday. 

All magistrates, justices of the peace, and aldermen should 
follow the form prescribed in the act violated, and their record 



68 GAME, FISH AND FORESTRY LAWS. 

should show that this has been done. This will avoid trouble 
on certiorari. 

In receiving or drawing a complaint, for the violation of any 
of the provisions of the game laws or fish laws of this State, 
It would be well to follow strictly the wording of the sec- 
tion violated, and the record should show that this has been 
done. 

The Record should show: 

That an offense was committed. That said offense was com- 
mitted within the jurisdiction of the court hearing the case. 

That the prosecution was brought within the statutory 
time. 

That the complaint was sworn to. 

That a warrant was issued and the arrest made on Said 
warrant which w,as duly returned. 

Or 

That the arrest was made on sight without w^arrant. 

That the defendant was present at the hearing. 

That the evicJence as offered on both sides was heard under 
oath. 

The record must show at least the substance of such evi- 
dence. 

That the defendant was because of such evidence either 
convicted or acquitted. 

If convicted that he was sentenced to pay the penalty im- 
posed by law. 

That upon refusaL to pay said penalty he was committed 
to the jail for a penod of one day for each dollar of penalty 
imposed. 

And that this was done before he was permitted to enter 
bail on appeal. 

All song and insectivorous birds are protected by the new law 
under the name of "wild birds other than game birds,*' and 
not by their family or common name, this provision reads as 
follows: 

It is illegal to catch, kill or have in possession, either living 
or dead (except as specifically permitted by the act), any of 
the wild birds of the State, other than game birds. 

Section 10 of the act of May 12, 1909, page 44. 

The provision heretofore found in our law giving land owners 
the right to kill birds caught in the act of destroying property 
was stricken out of the law by the Senate committee on game 
and fish, upon the ground that the life work of the great 
majority of our birds was far more beneficial than injurious, 
and that the ordinary man was not in position to correctly 
judge upon that subject; the law therefore reads as it does. 



GAME, FISH AND FORESTRY LAWS. 61 

The exceptions mentioned by the act above cited are birds 
that may be taken for the purpose of scientiflc study through 
the authority conferred by a certificate to be secured from the 
Board of Game Commissioners, and certain birds considered 
harmful. Those considered harmful are the bluejay, the Eng- 
lish sparrow, the European starling, the kingfisher, the shrike, 
the eagle, buzzard, the osprey, sharp-shinned hawk. Cooper's 
hawk, goshawk, duck hawk, pigeon hawk, the great-horned 
owl, barred owl, the crane, the heron, the bittern, the crow, 
and the raven. These birds are not protected by any law of 
this Commonwealth, and may be killed at any time. 

The eagle and buzzard were placed upon the unprotected list 
because of their disposition to feed upon carrion, and the 
danger attached to such action through the spread of infec- 
tious and contagious diseases. The crane and heron, etc., be- 
cause of their disposition to destroy fish life. 

Section 10, Act May 1st, 1909, page 45. 

The destruction of birds nests and their eggs is prohibited. 

Penalty $50 for game birds, $10 for other birds. 

Section 12, Act May 1st, 1909, page 46. 

Birds of a kind found in a wild state in this Commonwealth 
may not be legally kept in captivity no difference where they 
come from. 

The tanned or cured skins of birds or animals legally taken 
either within or without the State may be retained. 

Section 10, Act May 1st, 1909, page 45. 

The killing of game except through the use of a gun is illegal, 
excepting that rabbits may be taken through the use of box 
traps and bears may be taken through the use of steel traps 
and pens. 

Section 15, Act May 1st, 1909, page 47. 

Squirrel or rabbits known to be injuring trees or growing 
crops may be killed at any time, but such animals so killed 
cannot be used for food or be sold. 

Section 25, Act May 1st, 1909, page 54. 

The use of what is commonly known as the automatic gun 
for killing game in Pennsylvania is prohibited. This applies 
to all kinds of automatic guns, rifle as well as shot guns. 

But does not apply to pump guns or lever guns, or to any 
gun except those that through the recoil produced by the dis- 
charge of a loaded shell, ejects the em.pty shell, throws a 
loaded shell into the barrel and cocks the gun. 

Act of May 1st, 1909, page 33. 



70 GAME, FISH AND FORESTRY LAWS. 

This act was pronounced unconstitutional by the Court of 
Delaware County, The case was carried to the Superior Court 
on appeal. On May 10, 1909, the Superior Court handed down 
its decision reversing the ruling below and confirming the con- 
stitutionality of this act. See citations among legal opinions, 
page 191. 

It is illegal to kill game birds during the night time. 

Section 15, Act May 1, 1909, page 47. 

The open season for deer in this Commonwealth, is from 
the fifteenth day of November to the first day of December of 
each year, and 

But one deer can be legally taken or killed in this Common- 
wealth during one season, which must in every instance be a 
male deer with horns visable above the hair. 

It is illegal to have in possession or under control any deer 
killed in this Commonwealth or part thereof, except during 
the open season for such game in this Commonwealth and for 
thirty days thereafter. 

Section 18, Act May 1, 1909, page 49. 

It is illegal to make use of what is known as buck-shot in 
hunting deer or to kill or wound or to attempt to kill or 
wound any deer, by or through the use of a gun of any kind, 
propelling or emitting more than one pellet, bullet or ball, at 
a deer through a single discharge. 

It is illegal to kill or capture any deer in the waters of the 
State. 

It is illegal to "make use of a dog or dogs in hunting deer" 
in the State. 

Section 19, Act May 1, 1909, page 50. 

Any dog following upon the track of deer or fawn within this 
Commonwealth is declared to be a public nuisance, and may 
be killed by any person, when so seen. 

Or by any officer of the State whose duty it is to protect the 
game of the State, within one year from the date of the com- 
mission of the offense. 

And the owner of such dog shall be liable to a penalty of 
twenty-five dollars for each deer or fawn pursued, and fifty 
dollars for each deer or fawn killed by such dog, running at 
large without the aid of its master, and double that amount 
when dogs are allowed to run deer after notice, this penalty 
to be collected as are other penalties under the provisions of 
this act. 

Section 20. Act May 1, 1909, page 51. 



GAME, FISH AND FORESTRY LAWS. 71 

Dogs of any description may be killed by the owner or lessee 
of lands on which they are found, or by any officer of the State 
whose duty it is to protect the game of the State, when pursu- 
ing small game of any kind out of season, off land controlled 
by the owner of such dog, unless the dog wears a collar bear- 
ing the name and address of the owner, in which case notice 
must be given before the dog is killed. 

Section 21, Act May 1, 1909, page 51. 

It is illegal to buy or sell any deer, or ruffed grouse, com- 
monly called pheasant, or quail, commonly called Virginia 
partridge, or Hungarian quail, or woodcock, or wild-turkey, 
or any part thereof, killed in this Commonwealth. 

Penalty $100 for each deer or fawn, or part thereof, and $25 
for each of said birds, or part thereof, bought or sold. 

It is illegal to buy or sell any ruffed grouse commonly called 
pheasant, killed outside of this Commonwealth, except during 
the open season for such game in this Commonwealth, and 
for thirty days thereafter. 

Or to buy or sell at any time within the Commonwealth any 
Hungarian quail, or woodcock, or wild-turkey outside of the 
Commonwealth, 

Penalty $25 for each bird or animal taken in violation of law. 

All other game killed in the Commonwealth can be bought 
and sold during the open season for such game in the Com- 
monwealth and for thirty days thereafter. 

Section 23, Act May 1, 1909, page 53. 

It is illegal to discharge on any of the streets or alleys of 
any city or borough of this Commonwealth any flobert rifle, 
air gun or spring gun, or any implement which impels with 
force a metal pellet of any kind. 

Act of April 15, 1903, page 23. 

Guns and hunting paraphernalia will be sold unless fine and 
costs are paid, and the fact that imprisonment is suffered, will 
not effect the release of these articles. 

Sec. 4, Act May 1, 1909, page 36. 

Costs cannot be imposed upon officers, whose duty if is to 
enforce the game laws, said costs must be paid either by the 
defendant or the county. 

Act of April 16, 1903, page 24. 

All prosecutions for violations of the game laws, must be 
commenced within one year, from the date of the commission 
of the offense. 

Sec. 31, act May 1, 1909, page 57. 



72 GAME, FISH AND FORESTRY LAWS. 

Possession of game out of season, is prima facie evidence that 
it was taken illeg-ally. 

Sec. 29, act May 1, 1909, page 57. 

It is illegal to ship or remove, or to attempt to ship or re- 
move from this State, or to knowingly permit the shipment or 
removal out of this State of any game bird or game quadruped, 
except when it is to be returned to the State, except by those 
who have paid a non-resident license. 

Penalty not less than .$50, or more than $100. 

Section 28, Act May 1, 1909, page 56. 

Non-residents who have paid the license can carry certain 
game out of the State under certain restrictions. 

Section 28, Act 1909, page 56. 

It is illegal to ship or remove any wild bird other than a 
game bird or any part thereof out of the State, without per- 
mission of the president of the Game Commission, or to sell 
or exchange parts of such birds. 

Penalty not less than $50 or more than $100. 

Section 6, Act May 1, 1909, page 37. 

It is illegal to kill, in any one day, more than five ruffed 
grouse, commonly called pheasant, or more than twenty of 
these birds in one week, or more than fifty of these birds in 
any one season. 

It is illegal to kill, in one day, more than 10 English, Mon- 
golian or Chinese pheasants, or more than twenty of these 
birds in one week, or more than fifty of these birds in any 
one season. 

Or to kill in any one day more than ten woodcock, or more 
than twenty of these birds in any one week, or more than fifty 
of these birds in any one season. 

Or to kill, in any one day, more than ten quail, commonly 
called Virginia partridge, or more than forty of these birds 
in any one week, or more than seventy-five of these birds In 
any one season. 

Hungarian quail are absolutely protected at this time. 

Or to kill more than one wild-turkey in any one day or more 
than two wild-turkeys in any one season. 

Penalty $25 for each one killed in violation of law. 

Section 17, Act May 1, 1909, page 49. 

Or to kill more than ten rabbits in any one day. 

Or to kill, in any one day, more than six of the combined 
kinds of fox, black or grey squirrels. 

Penalty $10. 

Section 25, Act May 1, 1909, page 54. 



GAM'S . FISH AND FORESTRY LAWS. 71 

It is illegal to kill or capture any bear or cub from the flrst 
day of January to the first day of October of each year. 

Or to have in possession any bear or cub caught or taken 
during that time. 

Penalty $50 for each bear or cub killed, or possessed con- 
trary to law. 

Section 25, Act May 1, 1909, page 54. 

Bear traps must be tagged and surrounded by a barrier. 

Section 15, Act May 1, 1909, page 47. 

It is illegal to use ferrets in hunting rabbits. 

Penalty $25. 

Ferrets used in violation of law to be killed. 

Section 27, Act May 1, 1909, page 55. 

It is illegal at any time to set, lay or prepare or use any 
kind of a trap, snare, net, bird-lime, pit-fall, deer lick, turkey 
blind, turkey call, turkey pen, or any other kind of a con- 
trivance whatever, within intent to capture or kill any of the 
wild birds or animals protected by the laws of this State. 

Except that decoys may be used in hunting geese, ducks and 
brant. 

And that rabbits may be taken in season only through the 
use of a gun and by box traps. Bear may be trapped. 

Section 15, Act May 1, 1909, page 47. 

Quail may be trapped from the first day of January to the 
first day of April for the purpose of keeping them alive during 
the winter or for the purpose of separating a covey, and all 
birds so trapped must be released as soon as the weather is 
suitable in the spring. 

Section 30, Act May 1, 1909, page 57. 

Plover can be legally killed from July 15 to December 1, in 
each year. 

Ducks and geese commonly called wild w^ater fowl may be 
legally killed from September 1 to the 10th day of April next 
following. 

Rail and reed birds can be legally killed from September 1 to 
January 1. 

Blackbirds of all kinds may be killed from September 1 to 
January 1. 

Doves may be killed from September 1 to January 1. 
Penalty $10 for each bird killed illegally. 
Section 14, Act May 1, 1909, page 47. 

It is illegal to hunt or pursue or follow after with intent to 
kill or injure web footed wild fowl (ducks, geese or brant), 



74 GAME, FISH AND FORESTRY LAWS. 

from or with any craft propelled by any means other than 
oars, pole, or hand paddles. 

Penalty $50 per day for each day, such illegal craft may be 
used, and forfeiture of all boats, guns, and shooting parapher- 
nalia used in violating the law. 

All guns and shooting paraphernalia used in violating any 
game law of the Commonwealth, forfeited, unless penalty im- 
posed and costs be paid. 

Section 16, Act May 1, 1909, page 48. 

It is unlawful to hunt game birds of any kind during th© 
night time. Penalty- $50. The word "night " defined. 
Section 15, Act 1909, page 47. 

It is illegal to hunt or kill for wages or hire, directly or indi- 
rectly, any deer, or fawn, ruffed grouse, commonly called 
pheasant, quail, commonly called Virginia partridge, wild- 
turkey, or woodcock. 

Penalty $25. 

Section 24, Act May 1, 1909, page 53. 

Beaver are protected at all times. 

Penalty $100. 

Act of March 17, 1903, page 19. 

Wolves, woodchucks or ground hogs, coons, possums, foxes, 
wild cat, mink, weasels, skunks, porcupine, musk rats, and 
red squirrel can be killed at any time. 

All non-residents must secure a license before hunting in this 
State. Fee $10. Penalty $25, and forfeiture of all gunning 
paraphernalia found in possession of arrested parties. 

Act of April 14, 1903, page 21. 

Game of all kinds may be held in possession for thirty days, 
after the close of the season for killing the same. 
Section 26, Act May 1, 1909, page 55. 

Bear, squirrels or rabbits taken alive during the open season 
for such game, may be kept alive during the close season. 

Special attention is called to the fact that all guns, boats 
«,nd shooting paraphernalia used in violating the law, are de- 
clared forfeited, unless penalty and costs imposed be paid. 

Section 4, Act May 1, 1909, page 36. 

Special attention is called to the fact that a second offense 
carries sure imprisonment, the payment of the penaltyobrings 
no relief. 

Section 4, Act May 1, 1909, page 36. 



GAME, FISH AND FORESTRY LAWS. T5 

Special attention is called to the fact that game killed in 
this Commonwealth may be had in possession only, during the 
open season for such game and for thirty days thereafter. 
Remember therefore that when a deer or a number of deer are 
brought out of the woods on the last day of the season that 
they must be consumed before the first day of January next 
following. This, is the law. If hunters are not disposed to abide 
by its provisions they need not kill the deer. If game of any 
kind is taken at all, it is taken under the provisions of the 
law, and of all the law. If it is taken and had in possession 
after the lapse of thirty days after the close of the season the 
holder thereof must be prepared to abide by the consequences. 

Special attention of hunters is called to the act relative to 
trespass, on page 24. The act is not a game law but Is pub- 
lished in this book for the benefit of sportsmen, both hunters 
and fishermen. 

Special attention is called to section 20 of the act of May 1, 
1909, relative to the use of dogs in hunting deer. Who shall be 
liable to pay penalty, and what shall constitute a violation of 
this provision. 

Page 51. 

Special attention of men who own dogs is called to section 21 
of the act May 1, 1909, relative to dogs hunting small game 
out of season, page. No person except the owner of land or 
the lessee of such land, or an oflficer of the State whose duty 
it is to protect the game of the State, can kill a dog for viola- 
tion of the provisions of this act, and then only under pre- 
scribed conditions, and on land not controlled by the owner 
of such dog. 

These sections give certain parties the right to kill dogs under 
certain conditions, but it is not made the duty of anyone to 
kill such dogs. The farmer has the right to kill dogs that 
may be running rabbits through his grain or grass, the con- 
stable and game protector has the same authority. But it is 
not the duty of the game protector to travel over the State 
killing dogs that may be annoying the farmer. Game Pro- 
tectors are not paid for such services. 

It is not a violation of law to trap bear, but all steel traps 
set in this State above the size of a musk rat trap must have 
a metalic tag attached bearing the address and the name of 
the owner. 

All bear traps must be surrounded by a barrier of some kind 
that will prevent cattle or deer from getting caught in said 



Ti GAME, FISH AND FORESTRY LAWS. 

trap and that will be a notice to human beings that danger 
iurks therein. Steel traps cannot be legally set in open run- 
ways. 
Section 15, Act 1909, page 47. 

Bear may be killed as a protection to property or person at 
any time under certain restrictions. 
Section 25, Act May 1, 1909, page 54. 

Bear, rabbits and squirrels taken legally may be retained 
alive during the close season. 

The law forbidding the killing of any but a male deer with 
horns was passed more to protect human life than to protect 
deer; 18 men were killed and something like twice that number 
wounded by deer hunters in the United States last year. The 
bird hunter and others claim they have as much right in the 
woods during the last two weeks of November as have deer 
hunters and have a right to all the protection that can be 
thrown around them by the law. 

These 18 men were killed in mistake for deer, not accidentally 
in 5 states wherein deer without regard to sex could be killed. 
Against this is the record of 9 states forbidding the killing of 
female deer with not one human being killed in this way. 

The State also refuses to appropriate money wherewith to 
buy deer to be turned out for some one to shoot. 

All taxidermists must secure a license before beginning to 
operate in Pennsylvania. 

Certificates to take birds, their nests and eggs for scientific 
atudy are limited to teachers in public schools and to men 
connected with public museums. 

Section 6, Act May 1, 1909, page 37. 

Persons desiring to raise game in preserves for either sale 
or gift must secure a license and must make report to the 
Game Commission. 

Section 7, Act May 1, 1909, page 40. 

The act requiring non-residents to secure a license before 
hunting in this Commonwealth, was passed as much to pro- 
tect the farmers of our border counties as to protect game, 
and says, "the non-resident must secure a license before be- 
ginning to hunt, it does not say before beginning to hunt for 
game, and a non-resident hunting for a woodchuck or a coon 
or any other animal or any bird not classed as game, without 



GAME, FISH AND FORESTRY LAWS. 11 

first securing a license, is surely violating both the spirit a.n^ 
the letter of the law. 

The act forbidding the unnaturalized foreign-born residerit 
to hunt or shoot or to even be possessed of a gun, was passed 
by the last Legislature and signed by the Governor on tlie 
§th day of May, 1909. Page 59. 



78 



GAME, FISH AND FORESTRY LAWS. 



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Index to Game Laws. 



A. 

Page. 

Acknowledgment of offense, right of, 59,63 

Actions, time limitations, 57,62 

Address, Game Commission, 64 

Advertisement by Game Commission, 18.61,66 

Affidavit 18 

Aid in making arrests, 18 

Air guns 23 

Alderman 28, 57, 58, 61 

All wild birds other than game birds, protected absolutely, 44 

Anatidae, game birds ; 37 

Animals and birds destructive of game 38 

Annual statement from propagating plant, 42 

Annual statement from taxidermists 39 

Apparatus, forfeiture of, 18,37,60,61 

Appeal, right of, 58,63 

Application of fines and penalties 58,62 

Application for certificate to take birds 38,40 

Application for certificate to practise taxidermy 39 

Application for certificate to operate propagating plant, 40 

Appointment of Game Commissioners 11 

Appointment of Game Protectors 12 

Appointment of Deputy Game Protectors 20 

Appointment of Special Deputy Game Protectors 25 

Arrest 13, 14, 58, 62 

Arrest, aid in making 18 

Arrest, resisting or interfering with 18 

Arrest, on Sunday 14,17 

Arrest, without warrant 14,17,57,62 

Artificial lights 47 

Association, suggestions on 252 

Auction. 18,37,61 

Automatic guns 3J 

B. 

Ball or bullet, in hunting deer 50 

Barn swallow, wild bird other than game, absolutely protected 44 

Barn owl, wild bird other than game bird, absolutely protected 44 

Barrel owl, not protected 45 

Barrier, to bear traps required, 48 

Belgian hare 45 

Bear, open season for, 54 

Bear, may be killed as protection to person or property, 55 

Bear may be trapped 48 

Bear, trap to have metallic tag attached 4S 

(81) 
6 



82 INDEX. 

Page. 

Bear trap must be visited once in every 48 hours 48 

Bear trap not to be set in open 48 

Beaver, protected absolutely 19 

Bee bird, wild bird other than game bird, protected absolutely,".!.. 44 

Birds, wild, other than game birds, protected at all times 44 

Birds not to be kept in cages, 44,45 

Birds nests and eggs protected 46 

Birds may be taken under certificate 38 

Birds, certain, not protected 45 

Bittern, not protected. 45 

Black cap, wild bird other than game bird, protected at all times,.. 44 

Black bird, game bird 37 

Black bird, open season for 47 

Black squirrel, open season for 54 

Black squirrel, number that may be taken, 54 

Black squirrel, may be bought and sold 53 

Black squirrel, time it may be held in possession 53 

Blue bird, absolutely protected at all times 44 

Blue finch, absolutely protected at all times 44 

Blue heron, not protected 45 

Blue jay, not protected 45 

Boat, kind that may be legally used in hunting, 48 

Boat, forfeiture to Commonwealth 37 

Bobolink, or reed bird, game bird, 37 

Bobolink, or reed bird, open season for 47 

Bond, from game protector, 13 

Bond, from game propagating plant 41 

Bought or sold, certain game cannot be, 52,53 

Bought or sold, certain game can be, 53 

Bounty on wild-cats, foxes, mink and weasels, 30 

Brant, game bird. 37 

Buck deer, with visible horns, 49 

Buckshot, illegal to use in killing deer 50 

Bullet, or ball in hunting deer 50 

Bunting, wild bird other than gamebird, protected at all times 44 

Buzzard, not protected 45 



C. 

Cages, birds not to be confined in, 44,45 

Canaries, right to keep in cages, 45 

Cardinal, or red bird, wild bird other than game bird, protected at 

all times, 44 

Cat bird, wild bird other than gamebird, protected absolutely 44 

Cat, wild, bounty on % 

Cedar bird, or wax wing, wild bird or other than game bird, protected 

at all times, 44 

Certificates, for the taking of birds, ordinary 38 

Certificates, for the taking of birds, special 40 

Certificates for non-residents, before hunting 21 

Certificates for propagating purposes, 40 

Certificates, not transferable 40,41 

Certificates, forfeiture of 41 

Chat, wild bird other than a game bird, protected absolutely 44 

Cherry bird, wild bird other than game bird, protected absolutely 44 

Chewink, wild bird other than game, protected absolutely 44 

Chicadee. wild bird, other than game bird, protected absolutely 44 

Chippy, wild bird other than gamebird, protected absolutely 44 



INDEX. 83 

Page. 

Close season 36 

Collars on dogs 34,52 

Commitment of offenders 17,36,60,62 

Common carriers, 56 

Convictions, before alderman or justice or court, 17,28,57,61 

Convictions, summary 17, 28, 57, 61 

Cooper's hawk, not protected 45 

Coots, game birds 37 

Coots, open season for, 47 

Coots, may be bought and sold 53 

Costs of suit 24 

Court decisions 182 

Court, quarter sessions 29,58,68 

Cow bird, blackbird, game bird 37 

Cow bird, open season for, 47 

Cow bird, may be bought or sold 53 

Crane, not protected 45 

Craft, water of certain kinds forbidden 48 

Creeper, wild bird other than game birds, protected absolutely, 44 

Crow, not protected. • 45 

Cuckoo, wild bird other than gamebird, protected absolutely 44 

Curlew, game bird 37 

Curlew, open season for, 47 

Curlew, maj' be bought and sold 53 

Cured or tanned skins, may be held in possession, 45 

D. 

Decisions, pertaining to game and fish 182 

Decovs, may be used 47 

Decoys, may be forfeited 37 

Deer, buck with visible horns may be killed 49 

Deer, open season for, 49 

Deer, may not be killed in water 50 

Deer, killed limited to use of gun 47,50 

Deer, number tliat may he legally killed 49 

Deer, purchase and sale prohibited, 52 

Deer, shipment of the State prohibited 56 

Deer, shipment out of the State prohibited, exception .'56,57 

Deer, licks prohibited. 47 

Deer, use of dogs forbidden 50 

Deer, buckshot prohibited 50 

Deer not to be killed for wages or hire 53 

Deer, time may be legally held after close of season 55 

Deer killed in preserves under certificate 43 

Deception, forbidden 47 

Defendants may acknowledge commission of offense and pay penalty. 59,63 

Deputy, game protectors 20 

Deputy, special 25 

Deputy, compensation of 20 

Designation of seasons. 36 

Destruction of birds nests prohibited. 46 

Destructive, animals and birds to be destroyed 38 

Disposition of game when seized 18 

Disposition of penalties 22,28,58,61 

Dlspositio« of boats, guns, etc 37 

Dogs, may not be used in hunting deer, 50 

Dogs, mav be killed when seen running deer 51 

Dogs, may be killed upon affidavit made within one year 51 



84 INDEX. 

Pags. 

Dogs, owners of, liable to penalty 51 

Dogs, running small game 51,52 

Dogs, on State lands 27 

Dogs, training, time for ,53 

Dogs, declared a public nuisance 51 

Dogs, to be assessed, ^4 

Dogs, legal status of 188 

Domestic pets, birds not to be confined in cages as 44,45 

Double, liability 36, 51, 60 

Doves, game birds 2f! 

Doves, open season for 47 

Doves may be bought and sold 6* 

Downey woodpecker, wild bird other than game bird, protected all 

times 44 

Duck, wild, game bird 17 

Duck, open season for, 47 

Ducks may be bought and sold. 5S 

Ducks may not be hunted except from certain boats 48 

Duck hawk, not protected 45 

Duplicate tags, mutilation of, punished 44 

Duplicate fags to be returned to Game Commission 4S 

Duty of Game Commission 12 

Duty of Game Protectors It 

Duty of constables 16 

Duty of alderman, justices and courts. L'8,37.61 

E. 

Eagle, not protected 4S 

Educational purposes, birds may be kept for 17 

Eggs and nests of wild birds 38, 4« 

Egret, wildbird other than game bird, protected at all times 44 

Elk, not protected 50 

English sparrow, not protected 46 

English pheasant, game bird S7 

English pheasant, open season for 45 

English pheasant, may be bought or sold 58 

English pheasant number that may be killed 49 

Evidence, to be heard by alderman or justice, prima facie, . ..17.28,57,58,60,62 

Expenses, game protectors 19 

Express Company not to carry game out of State 5€ 

Express Company, exception B« 

F. 

Ferret, use of, in hunting, prohibited oo.M 

Ferret to be killed M 

Fees, for certificates, 40,41 

Fines, disposition of 22,28,58,62 

Finch, wild bird, other than game bird, protected at all times. 44 

First offense. 36 

Flicker, wild bird other than game bird, protected at all times 44 

Flv-catcher, wild bird other than game bird, protected at all times, 44 

Flobert rifle ■• ^ 

Foreign born residents, unnaturalized, cannot hunt ~, 2 

Forfeiture of game and shooting paraphernalia 18,37,5? 

Forfeiture of boats •' 



INDEX. 85 

Page. 

Forfeiture of certificate. 39,40 

Fowl, wild water, 37,48 

Pox, not to be brought into this State and released. 46 

Fox, bounty on. 30 

Fox-squirrel, game 54 

Fox-squirrel, open season for 54 

Fox-squirrel, maj' be bought and sold 53 

Fox-squirrel, number that may be taken 54 

Fraud in securing bounty 31 

G. 

Gallinules game birds 87 

Game, right of the State to control 182 

Game Commission, appointment of 11 

Game Commission, meeting of i2 

Game Commission, duties of 12 

Game Commission, game laws not to apply to, 38 

Game Commission, right to destroy vermin 38 

Game preserves, owned by the State 26 

Game preserves, owned by private individuals, 40,53 

Game protector, appointment of 12 

Game Protector, bond. 13 

Game Protector, powers of 13,17 

Game Protector, tenure of office, 12 

Game, classification of 37 

Game, open season for 46,47,49,54 

Game, not to be taken, except with gun, 47 

Game, limit, number to be taken 49,54 

Game, purcliase and sale of certain, prohibited 52 

Game, purchase and sale of certain, permitted 53 

Game, removal of certain, out of State, prohibited 45,56 

Game, removal of certain, out of State, permitted, 56 

Game, tim.e it may be held in possession. 53 

Game, disposition of, when seized m 'I 

Game protectors must surrender all penalties to Cnm.monwealth 19, o8 

Game protectors, rights and powers of. 12,13,17 

Game hunting of. for wages or hire prohibited 53 

Game, ownership and control of 1'^ 

Game, commerce in. 189 

Game preserves 26,40,53 

Game in transit •• 56 

Game, non-residents, with license, may carry out of State _ 56 

Game, possession of during close season 53.57 

Gender, 36 

Gnat catcher, wild bird other than game bird, protected at all times. 44 

Goose, wild, game bird 37 

Goose, wild, open season 4' 

Goose, wild, may be bought and sold 53 

Goose, wild, decoys and blinds may be used in killing 47 

Goose, wild not to be killed from certain boats, 48 

Goshawk, not protected ^j, 

Grackle, or blackbird, game bird, •* *' 

Grackle. or blackbird, open season for zL 

Grackle, or blackbird, may be bought and sold -^^ 

Grass snipe, or upland plover, game bii-d 37 

Grass snipe, or upl^ind plover, open season for 4' 

Grass snipe, or upland plover, may be bought and sold n3 

Great blue heron, not protected. ^^ 

Grebe, game bird ■" 



86 INDEX. 

^ Page. 

Greoe. open season for, .. 47 

Grebe, may be bought and sold ...............'.'.'.'.'.'.'.'.'.. 53 

Grebe, not to be killed from certain boats 48 

Grey fox. bounty on jO 

Grey squirrel, game 54 

Grey squirrel, open season for 54 

Grey squirrel, number that may be killed, .'. . 54 

Grey squirrel, may be bought and sold 53 

Great horned owl, not protected 46 

Green heron, not protected 45 

Grosbeak, or red bird, wild bird other than game bird, protected 

at all times 44 

Grouse, game bird 37 

Grouse, open season for. 46 

Grouse, not to be killed except with gun. 47 

Grouse, not to be bought or sold 52,53 

Grouse, exception 52 

Grouse, not to be removed out of State, 56 

Grouse, not to be removed out of State, exception 56 

Grouse, number that may be killed 49 

Grouse not to be killed during night-time, 47 

Grouse not to be killed for wages or hire 53 

Gull, wild bird other than game bird protected absolutely at all 

times, 44 

Gun, use of. in taking game 47,50 

Gun, punt or swivel, prohibited 47 

Gun. automatic, prohibited. 33 

Gun, propelling more than one bullet at deer, prohibited, 50 

Gun, forfeiture of, 18. 37. 60 

Gun. disposition of, when seized, 17,18,37,60 

H. 

Hair bird, wild bird other than game bird, protected absolutely at 

all times, 44 

Hearings, 17, 28, 57, 62 

Hens, mud, or coot game bird 37 

Hens, mud, or coot, open season for. 47 

riens, mud, or coot, may be bought and sold, 53 

Hens, mud, or coot, time they may be had in possession 53 

Heron, green, not protected. 45 

High holder, or flicker, wild bird other than game bird, protected 

absolutely at all times. 44 

Hire, no hunting for 53 

Horned owl. not protected , 45 

Hospital, game to be sent to, 18 

Humming bird, wild bird other than bird, protected absolutely 

at all times, 44 

Hun.garian quail, protected for two years 46 

Hunting, certain methods only permitted. 33,47 

Hunting, certain methods prohibited, 33,47,48 

Hunting, seasons for, 46,47.49,54 

Hunting, deer with t3ogs prohibited 50,51 

Hunting, by non-residents without license forbidden 21 

Hunting by unnaturalized foreign-born residents, prohibited. 59 

Hunting, on Sunday prohibited 36 

Hunting during night-time forbidden 47 

Hunting with automatic guns, forbidden. 3* 

Hunting, paraphernalia forfeited 18, »7 



INDEX. 87 

I. 

Paire. 

Importation of certain birds and animals forbidden. 46,4t 

Imprisonment, where penalty is not paid 27,36,37,59,62 

Imprisonment for second offense, 37 

Indigo bird, wild bird other than game bird, absolutely protected 

at all times 44 

Insectivorous birds, wild birds other than game bird, asbolutely pro- 
tected at all times 44 

Inspection of propagating plant 42 

Interfering with birds' nests 44t 

Interfering with officers 18 

J. 

Jack snipe, game bird, S8 

Jack snipe, open season for 47 

Jay bird, not protected 46 

Joint resolution, directing publication of this pamphlet S 

Judge of Court of Quarter Sessions, 29,58,63 

Junco, wild birds other than game bird, absolutely protected at all 

times 44 

Justice of the peace and alderman 28,57,61 

Jurisdiction of game protectors, II 

Jurisdiction of constables 14 

K. 

Killed, dogs to be found running deer 51 

Killed, dogs to be found running small game 51 

Killing deer in water prohibited 50 

Killing deer, except male with visible horns forbidden 49 

Killing game, except with a gun forbidden, 47 

Kill-deer, ring-neck plover, game bird 37 

Kill-deer, ring-neck plover, open season for 47 

Kill-deer, ring-neck plover, may be bought and sold 53 

King bird, wild bird other than ga'nne bird 44 

King bird, absolutely protected at all times, 44 

King Fisher, not protected. 35 

Kinglet, wild bird other than game bird 44 

Kinglet, protected absolutely at all times 44 

Lark, meadow, wild bird other than game bird 44 

Liark. meadow, absolutely protected at all times 44 

Launches, prohibited in hunting wild water fowl 48 

Law, decisions of courts 182 

Letters of transmittal 5 

Letters to Secretary of Game Commission 64 

Liability, of owners of dogs that run deer 51 

Liability of men who take dogs into the woods 50 

Lick, deer, prohibited, 47 

License, to take birds 38,39,40 

License, to practice taxidermy 39 

License to propagate game for sale 40 

License to non-residents to hunt, 21 

Limicolae, game birds 57 

Limitation, of time in which to prosecute 28,57,63 

Linnet, wild bird other than game bird 44 



>^8 INDEX. 

Linnet, absolutely protected at all times, 44 

Loon, grame bird, .'!.'.".".".'.'.".*.*,' 17 

Loon, open season for .. 47 

Loon, may be bought and sold '.'....'.'.'.'.'.'.'.'.'..'. 53 

M. 

Magistrates, duties of 17 28 57 62 

Martin, wild bird other than game bird '.' ' '44 

Martin, absolutely protected at all times 44 

Meadowlark. wild bird, other than game bird 44 

Meadow lark, absolutely protected at all times 44 

Meeting of Game Commission 12 

Metallic tag on bear traps '. 48 

Mink, bounty on, 30 

Misdemeanor 29, 58,61 

Mocking bird, wild bird other than game bird ' 'u 

Mocking bird protected absolutely at all times 44 

Mongoliaii pheasant, game bii-d o7 

Mongolian pheasant, open season for, 46 

Mongolian pheasant, be bought or sold, 53 

Mounted or cured skins, 45 

Mud hen, or coots, game birds 37 

Mud hen, or coots, open season for, 47 ' 

Mud hen, or coots, may be bought and sold, hZ 

Multilation or removal of tags, 44 

N. 

Names on dogs' collars and bear traps 48,52 

Nests and eggs of wild birds not to be interfered with 4tj 

Netting of game forbidden 47 

Night hawk, wild bird other than game birds 44 

Night hawk absolutely protected at all times 44 

Night heron, not protected 4;> 

Night time, no killing of game during, defined 47 

Non-residents, must secure license to hunt, 21 

Non-residents can carry certain game out of State, 56 

Not protected, certain birds 45 

Not protected, animals ^^ 

Notice, trespass 24 

Notice to owner of dogs running deer. 51 

Notice to owner of dogs running small game 51 

Number of game birds or animals that may be killed legally 49,54 

Number of deer 4^ 

Number of grouse, 49 

Number of wild turkeys 49 

Number of quail 49 

Number of woodcock 49 

Number of squirrel -^^ 

Number of rabbits ^'J 

Nut hatch, wild bird other than game birds 44 

Nut hatch absolutely protected at all times • 44 



INDEX. 89 

O. 

Page. 

Office of the Game Commission, U 

Officers, refusing or neglecting to do their duty, Ig 

Officers, Interference with ig 

Officers, resisting arrest by 18 

Offence, first, 18 

Offence, second, 17 

Open season for game defined, 3« 

Open season for deer 49 

Open season for grouse, quail, woodcock, wild-turkey, 46 

Open season for bear, rabbits, squirrels 54 

Open season for ducks and geese 47 

Open season for shore birds, , 47 

Open season for blaclc birds 47 

Ordinary certificates 3g 

Oriole, wild bird other than game bird 44 

Oriole protected absolutely at all times, 44 

Organization, suggestions for 25.11 

Osprey, not protected 45 

Owls, wild birds other than game birds, 44 

Owls, absolutely protected at all times 44 

Owls, absolutely protected at all times, exceptions 44 

Owners of dogs, liability of 6i 

P. 

Paraphernalia, forfeited, disposition of 18,37 

Partridge, or quail, classification of 37 

Partridge, or quail, open season for • 48 

Partridge, or quail, not to be killed except with gun 47 

Partridge, or quail, not to be killed for wages or hire 53 

Partridge, or quail, not to be purchased or sold 52, S3 

Partridge, or quail, not to be removed out of State 56 

Partridge, or quail, number that may be legally killed, 49 

Partridge, or quail, maj' be trapped for special purpose 57 

Partridge, or quail, time may be had in possession 53 

Pellet, bullet or ball, but one at a single discharge at a deer. 50 

Pelts, of certain animals, 30,45 

Pen. for catching bear, 48 

Penalties 17, IS, 22, 24, 27, 36. 37, 60, 81 

Penalties, not to apply to J7 

Penalties, how distributed 15,28,58,62 

Penalties, right to pay 29,59,63 

Person, the word defined 3o 

Pewee, wild bird other than game bird 44 

Pewee protected absolutely at all times 44 

Pheasant. (See Grouse.) 

Pheasant, English. Mongolian or Chinese, 45 

Pheasant, number that may be legally taken, 49 

Pheasant, not to be killed except with a gun 47 

Pheasant not to be killed for wages or hire 5J 

Pheasant not to be bought or sold 52,53 

Phcebe bird, M'ild bird other than game bird. 44 

Phoebe bird absolutely protected at all times 4-i 

Pigeon, wild, abFolutely protected at all times 44,46 

Pigeon hawk, not protected 45 

Pileated woodpecker, wild bird other than game bird 44 

Pileated woodpecker, absolutely protected at all times 44 

Pine squirrel, not protected M 

Pitfall, forbidden 47 



«0 INDEX. 

Page. 

Flover, game birds 37 

Plover, open season for 47 

Plover, may be bought and sold, 53 

Possession, of game prima facie evidence 57 

Possession of game unlawful, 53 

Posted lands, trespass on, 24 

Powers of game protectors, 13,17 

Preserves, for game, owned by the State, 26,27 

Preserves, for game, owned by individuals 40,53 

President of Game Commission 12 

President of Game Commission, permission of, at certain times, 38,40 

Prima facie evidence 22,57,60 

Procedure in trials, 68 

Property seized, disposition of, 18,37,60 

Propagation of game 40 

Prosecutors, rights of 28,58,62 

Protection of trees or crops or persons applies to animals only 54 

Protection to trees or crops or persons, birds may not be killed for, . . 68 

Protectors, game, 12 

Provisions of Act not to apply 37 

Public institutions in which birds may be kept 37 

Public nuisance, when dogs become. 51 

Pursuit, immediately following act of violating law 28,57,62 

Pursuit of bear, when legal, 55 

Q. 

Quail, or Virginia partridge, classification of, 37 

Quail, or Virginia partridge, open season for 46 

Quail, or Virginia partridge, to be killed only with a gun 47 

Quail, or Virginia partridge, not to be killed for wages or hre 53 

Quail, or Virginia partridge, not to be bought or sold, 52,53 

Quail! or Virginia partridge, not to be shipped out of State, excep- 
tions, 56, 57 

Quail, or A^irginia partridge, number that may be killed, 49 

Quail, or Virginia partridge, may be trapped for special purpose 57 

Quail, or Virginia partridge, time may be had in possession 52 

R. 

Rabbit or hare, game, 54 

Rabbit may be trapped, 54 

■ Rabbit or hare, open season for 54 

Rabbit or hare, number that may be taken. 54 

Rabbit or hare, may be killed as a protection to trees 54 

Rabbit or hare, not to be hunted with ferrets 55 

Rabbit or hare, may be bought and sold within State. 53 

Rabbit or hare, killed as protection to trees, cannot be used as food, 54 

Railroads, not to carry game out of State 56 

Railroads, not to carry game out of State, exception 56 

Rallidae, game birds. 37 

Rail, game bird, 37 

Rail , open season for 47 

Rail, may be bought and sold within State 53 

Raven, not protected on cq co 

Receipt, from Game Protector oo'coco 

Recognizance 29, 59, 63 

Records of Alderman or Justice "'* 

Record costs, liability for 24 



INDEX. 92 

Page. 

Red-bird, wild bird other than game bird, 44 

Red-bird, absolutely protected at all times 44 

Red fox, bounty on, 30 

Red bellied woodpecker, wild bird other than game bird 44 

Red bellied woodpecker, absolutely protected at all times, 44 

Red headed woodpecker wild bird other than game bird 44 

Red headed woodpecker, absolutely protected at all times, 44 

Red squirrel, not protected 54 

Red start, wild bird other than game bird 44 

Red start, absolutely protected at all times, 44 

Red wing black bird, game bird, 37 

Red wing black bird, open season for 47 

Red wing black bird, may be bought and sold n3 

Reed bird, game bird 37 

Reed bird, open season 47 

Reed bird may be bought and sold 53 

Removal of game or birds out of State illegal 42,56 

Removal of game or birds out of State illegal, exception 5ft 

Removal of game or birds out of State illegal, tags 42 

Report of Game Commissioners to Governor 12 

Reservation or preserve 26 

Resisting arrest IS 

Right of State to protect game, 18S 

Right of defendant to settle case 29,59.63 

River ducks, game birds, 37 

Robin, wild bird other than game bird, 44 

Robin absolutely protected at all times 44 

Ruffed grouse, classification 37 

Ruffed grouse, open season for, 46 

Ruffed grouse, not to be killed except with gun, 47 

Ruffed grouse, not to be killed for wages or hire 5? 

Ruffed grouse not to be bought or sold 52 

Ruffed grouse not to be carried out of State, 5fi 

Ruffed grouse not to be carried out of State, exception 55 

Ruffed grouse, time may be had in possession, 53 

Ruffed grouse, number that may be killed 49 



S. 

Sale of certain game prohibited 52 

Sale, all wild birds other than game birds, prohibited 44,45 

Sale, guns and paraphernalia seized ..18,37,61 

Salad bird, yellow bird, wild bird other than game bird 44 

Salad bird yellow bird, absolutely protected at all times 44 

Sand pipers, game birds 37 

Sand pipers, open season for 47 

Sand pipers, can be bought and sold 53 

Sap sucker, wild bird other than game bird 44 

Sap sucker, absolutely protected at all times 44 

Scientific study, certificate 40 

Scarlet Tanager, wild bird other than game bird 44 

Scarlet Tanager. absolutely protected at all times 44 

Screech owl. wild bird other than game bird 44 

Screech owl. absolutely protecte dat all times 44 

Sea ducks, game birds. 37 

Search, without warrant i7 cj 

Search warrant t\ 

Second offense. ^' 



."^2 INDEX. 

Second use of tags 44 

Seizure, right of, 17,18.60,61 

Sentence, by alderman or justice or court 28,58,62 

bnarp-shinned hawk, not protected ' '45 

Shipment of game out of State prohibited, 56 

Shipment of wild birds out of State prohibited 45 

Shipment of wild birds of State, exceptions, 38,40,56 

Shore birds, game birds 37 

Shore birds, open season for, 47 

Shore birds, may be bought and sold 53 

Shooting on Sunday, prohibited 36 

Shooting paraphernalia forfeited 18,37 

Shrike, not protected. 45 

Singular, and plural number 36 

Skins, tanned or cured may be retained 45 

Snaring birds or animals forbidden, 47 

Snipe, game birds 37 

Snipe, open season for 47 

Snipe, maj' be bought and sold 53 

Snow bird, wild bird other than game bird, 44 

Snow bird, absolutely protected at all times 44 

Snow flake, wild bird other than game birds 44 

Snow flake, absolutely protected at all times 44 

Sold, or bought, certain game cannot be, , 52,53 

Sold, or bought, certain game can be 53 

Song birds, wild birds other than game birds 44 

Song birds absolutely protected at all times 44 

Sparrows, of all kinds, excepting English, absolutely protected 44 

■Sparrows, English, not protected. 45 

Special certificate 40 

Special notice, 51,52 

Special Deputy, game protector, 25 

Squirrel, black, fox and grey, protected 54 

Squirrel, black, fox and grey, open season for 54 

Squirrel, black, fox and grey, may be bought and sold, 53 

Squirrel, black, fox and grey, number that may be killed 54 

Squirrel, black, fox and grey, killed as a protection to crops 54 

Squirrel, black, fox, and grey, cannot be used as food 54 

Starling, not protected. 45 

Status of game 189 

Steel traps, tags to 48 

Streams, deer not to be killed in 50 

Suggestions for organization, 252 

Summary •• 66 

Summary conviction 17,28,57,61 

Sunday, there shall be no shooting on 38 

Sunday, arrests may be made on. 17.61 

Swanow% all kinds, wild bird other than game bird 44 

Swallow, absolutely protected at all times 44 

Swan, game bird ^'l 

Swan, open season for, 4^ 

Swan may be bought and sold 5.. 

Swift, wild bird other than game bird 44 

Swift, absolutely protected at all times 44 

T. 

Table of game, time of taking, etc |^ 

Tag. to game shipped from preserves • 'H 

Tag to be returned to Game Commission ' « 



INDEX. 9a 

Pago. 

Tag to bear traps 48 

Tag on dogs < 34 

Taking game, in any manner except with gun forbidden 47 

Taking game, in any manner, except with gun, forbidden, exceptions. 47 

Tanager, Scarlet, wild bird other than game bird. 44 

Tanager, Scarlet, absolutely protected at all times, 44 

Tanned, or cux-ed skins, may be had in possession 45 

Tattler, game bird 37 

Tattler, open season for 47 

Tattler, may be bought and sold, 53 

Taxation on dogs, 34 

Taxidermists, certificate required 39 

Tenants, right to kill dogs, 52 

Tenants, right to kill rabbits or squirrels 54 

Thrasher, wild birds other than game birds, 44 

Thrasher, absolutely protected at all times 44 

Thrush, wild bird other than game bird 44 

Thrush protected absolutely at all times, 44 

Tilt-up, game bird 37 

Tilt-up, open season for 47 

Time limit for actions. 23,57.62 

Time game may be held after close of season 53 

Titmouse, wild bird other than game bird, 44 

Titmouse absolutely protected at all times, 44 

Training of dogs 52 

Transportation of game of State forbidden 56 

Transportation of game out of State forbidden, exception.^;. 56 

Transportation of wUd birds out of State forbidden 45 

Transportation of wfld birds out of State foi^iidden. exceptions, 18,40 

Traps that are legal, 48 

Traps, tag on 48 

Trapping of game or birds illegal 47 

Trapping of game or birds illegal, exception 57 

Trespass on private grounds posted, 34 

Turkey, wild, classification of 37 

Turkey, wild, onen season for, 46 

Turkey, wild, not to be killed except with gun 47 

Turkey, wild, not to be killed for wages or hire »3 

Turke- wild, not to be bought or sold, no difference where killed... 52 

Turkey, wild, not to be carried out of State ofi 

Turkey, wild, number that mav be legally killed 49 

Turkey wild, time may be had in possession m 

Turkey, wild, exceptions •'' 56 

U. 

Unnaturalized foreign born residents cannot hunt, 59 

Unprotected birds, iist of ^5 

Unprotected animals, list of J» 

Upland or grass plover, game bird 37 

Upland or grass plover, open season for 47 

Upland or grass plover, may be bought and sold 53 

V. 

Vacancy in Game Commission, how filled 12 

Veery, wild bird other than game bird 44 

Veery, absolutely protected at all times ■44 

Vireo. wild bird other than game bird. ^ 

Vlreo. absolutely protected at all times « 

Virginia partridge. (See quail.) 



94 INDEX. 

W. 

Page. 

Wages or hire, no hunting for 53 

Warblers, wild birds other than game birds 44 

Warblers, all kinds absolutely protected at all times 44 

Wardens, constables, all game 14 

Warrants of arrests 13.17,28,58,62 

Warrants of search 17 

Water craft, 48 

Waters, deer not to be killed in 50 

Wax wing, or cedar bird, wild other than game birds, 44 

Wax wing absolutely protected at al Itimes, 44 

Weasel, bounty on 30 

Whippoorwill. wild bird other than game birds 44 

Whippoorwill, absolutely protected at all times 44 

Wild birds other than game birds, all protected 44 

Wild birds other than game birds, all protected, exceptions 4S 

Wild birds other than game birds, nests or eggs not to be interfered, 

with 46 

Wild birds other than game birds not to be kept in cages 44,45 

Wild birds other than game birds not to be shipped out of State 45 

Wild cats, bounty on 30 

Wild ducks and other water fowl 37 

Wild turkey 37 

Wild pigeon, absolutely protected at all times 44,46 

Woodcock, classification of, 37 

Woodcock, open season for 4« 

Woodcock, not to be killed except with gun 47 

Woodcock, not to be killed for wages or hire 51 

Woodcock, not to be bought or sold, no matter when killed 52,53 

Woodcock, not to be carried out of State 56 

Woodcock, not to be carried out of State, exception 56 

Woodcock, number that may be legally taken, 49 

Woodcock, time may be held in possession 51 

Woodpeckers, wild birds other thdn game birds , 44 

Woodpeckers, absolutely protected at all times 44 

Wren, wild bird other than game bird ^^ 

Wren, absolutely protected at all times 44 

T. 

Yellow bird, wild bird other than gamebird, 44 

Yellow bird, absolutely protected at all times 44 

Yellow hammer, or flicker, wild bird other than game bird 44 

Yellow hammer, or flicker, absolutely protected at all times 44 

Yellow shanks, game bird *7 

Z. 

Zoolorical gardens, game law not to apply to 87 



DIVISION II. 

LAWS RELATING TO FISH. 



AN ACT 

For the protection of shad and game fish in the 
river Delaware. 

Whereas, It is deemed advisable by the fish preamble, 
commissions of New York and Pennsylvania, to 
protect the stocking of the river Delaware with 
shad and game fish, and to guard the fishing in- 
dustries of the said river by the passage of uniform 
laws for the said river in each State, therefore. 

Section 1. Be it enacted, &c,, That hereafter no Fishing witi 
person or persons shall cast, draw, fasten, or nets prohib- 
otherwise make use of any seine, drift net, fyke ^^^*^- 
net, or net or nets of any other description, or 
use any other appliance for the catching of fish, 
except rod, hook and line in the Delaware river: 
Provided, That this section shall not extend to shad tend to^shad 
fishing: Provided also. That the meshes of nets fishing, 
used for catching shad shall not be less than three size of mesh 
inches in width, or one and one-half inches from above Tren- 
knot to knot, above Trenton Falls: Provided also, *°" Fails. 
That it shall not be lawful to fish for shad with Fishing for 
nets, either shore, drift, gilling or dip-nets, or shad with • 
with any appliances whatever from June fifteenth nets from 
to December thirty-first of any year, in the Dela- ieJIniber S. 
ware river above Trenton Falls. Any person or prohibited 
persons violating any of the provisions of this above Tran- 
section, shall forfeit or pay the sum of one hun- ton Falls, 
dred dollars, with all costs of suit, together with Penalty, 
the forfeiture of boats, nets and all appliances. 

Section 2. That hereafter no person or persons Use of cer- 
shall cast, set, draw, fasten or otherwise make *^'^.?.^^ 
use of any fyke net, or nets of any kind, or de- pron'O"®^- 
vice made from cotton or flax twine, or wire nett- 

(95) 



dfi 



GAME, FISH AND FORESTRY LAWS. 



Violation of 
this act de- 
clared a 
misdemea- 
nor. 



Penalty. 



Fishing with 
nets, etc.. 
on Sunday 
prohibited. 



Erection and 
use of fish- 
baskets, 
etc. , prohib- 
ited. 



Wing walls, 
etc. , pro- 
hibited. 



Penalty. 



lv»enalty for 
ff&cond of- 
fence. 



mg, similar to a fyke net, for the purpose of catch- 
ing fish in the Delaware river at any time in any 
year. Every person so offending shall be guilty of 
a misdemeanor, and on conviction thereof shall be 
punished by a fine, not exceeding one hundred 
dollars, or by imprisonment in the county jail 
for a term not exceeding six months, or both at 
the descretion of the magistrate or court before 
which such offender or offenders shall ba convicted, 
and the net or nets, devices or appliances used 
shall be destroyed by the officer making the arrest. 

Section 3. It shall be unlawful for any person or 
persons to cast, draw, drift, anchor, set, stake or 
otherwise make use of any gilling net, seine, shore- 
net, drift-net, eel pots, or any kind of net for the 
purpose of catching fish in the Delaware river 
from sunset on Saturday until twelve o'clock on 
Sunday night of each and every week; and the 
person or persons so offending shall forfeit and 
pay tke sum of one hundred dollars, together with 
the costs of suit for each and every offense. 

Section 4. It shall be unlawful for any person or 
persons to place, build, erect, fasten or use any 
fish-baskets, gill-nets, or any permanently set 
means for taking fish in the river Delaware; nor 
shall any person at any time affix any nets, fish- 
baskets, fyke nets, eel racks, or any kind of ap- 
pliances or set means of taking fish to any wing 
walls in the river Delaware. Nor shall any person 
or persons erect, build or place, or cause to be 
erected, built or placed, any wing wall, or walls 
of stone or of any other substance or material, in 
the river Delaware, for the purpose of affixing, 
adjusting, placing or setting thereto or adjacent 
thereto, any of the above mentioned illegal de- 
vices, contrivances or appliances for taking fish. 
Any person violating the provisions of this law 
shall be fined fifty dollars for the first offense or 
be liable to imprisonment for one month in the 
county jail, or both at the discretion of the magis- 
trate before whom the offender is convicted, and 
any person or persons so offending a second time 
shall be liable to a fine of one hundred dollars and 
imprisonment for three months in the county jail. 
Section 5. It shall not be lawful to catch or kill, 
by any means whatever, any rock bass or any 



GAME, FISH AND FORESTRY LAWS. 



« 



wall-eyed pike, otherwise called Susquehanna sal- 
mon (species recently introduced into the river 
Delaware), within two years from the passage of 
this act, under a penalty of ten dollars for every 
fish caught or had in possession. 

Section 6. No persons shall, by any means or de- 
vice whatsoever catch, or kill in the Delaware 
river, any black bass, rock bass or wall-eyed pike, 
commonly known as Susquehanna salmon, between 
the first day of January and the thirtieth day of 
May in any year, nor shall catch or kill any of 
said species of fish at any other time during the 
year save with rod, hook and line. Any violation 
of this section shall subject the offender to a 
penalty of ten dollars for each fish so caught. 

Section 7. No person shall catch or kill in the 
Delaware river, any black bass or wall-eyed pike 
under six inches in length, or any rock bass under 
five inches in length, under a penalty of ten dol- 
lars for every fish so caught. But should any fish 
he taken of a less size than the above, or should 
any wall-eyed pike or rock bass of any size be 
taken within two years from the passage of this 
act, it shall be the duty of anyone taking or captur- 
ing the same to return the fish, immediately to the 
water from whence taken. Any violation of this 
law shall subject the offender to a penalty of ten 
dollars for each and every fish so caught. 

Section 8. Nothing in this act shall be so con- 
strued as to prevent the catching of bait fish, 
other than game fish, by means of hand or cast 
nets for angling or scientific purposes, or the 
catching of game fish by order of any member 
of the State fish commission of any State having 
jurisdiction in the Delaware river for the purpose 
of stocking other waters. 

Section 9. Any fish commissioner, fish warden, 
deputy w^arden, sheriff, deputy sheriff, constable, 
policeman, or any special officer of this Common- 
wealth, is hereby authorized to destroy any fish- 
basket, eel-weir, fyke net, pound net, shore-net, 
drift net, dip-net, wing w^all or wing w^alls, or any 
illegal device named in any section of this act, 
and they are hereby authorized to arrest forthwith 
any person placing, erecting, using or fastening 
them. Any person or persons interfering with 
7 



Rock -bass or 
wall eyed 
pike not to 
be killed 
within two 
years. 

Black bass, 
etc., not to 
be caught 
between Jan- 
uary 1st and 
May 30th. 

And at no 
time save 
with hook 
and line. 



Black bas9 
under 6 
inches in 
length and 
wall eyed 
pike under 
5 inches in 
length not to 
be caught. 

If caught to 
be returned 
to water. 



Penalty. 



Catching 
fish for cer- 
tain pur- 
poses allow- 
able. 



Duties of 
fish wardens 
and other 
officers. 



96 



GAME, FISH AND FORESTRY LAWS. 



Penalty for 
Interfer- 
ence with 
officers. 



Officers au- 
thorized to 
make ar- 
rests. 



Hearing be- 
fore justices 
of the peace. 



Appeal. 



Application 
of fines re- 
covered. 



Repeal. 



any of the above officers in the discharge of their 
duties or resisting arrest, shall pay a fine of one 
hundred dollars or be imprisoned three months in 
the county jail, or shall be subject to both penal- 
ties at the discretion of the magistrate or court 
before which he or they shall be convicted. 

Section 10. Any fish commissioner, fish warden, 
deputy fish warden, sheriff, deputy sheriff, con- 
stable, policeman, or special officers of this Com- 
monwealth, is hereby authorized to apprehend 
arrest and im.mediately take any person who may 
be guilty of the violation of any of the provisions 
or sections of this act before any justice of the 
peace, magistrate or any other legally constituted 
authority, and thereupon make charge of such 
violation of the law or any of the provisions there- 
of, and the magistrate shall forthwith hear and 
determine the charge and render judgment accord- 
ingly, with the right of certiorari or appeal as 
in all similar cases of arrest and conviction, and 
in case of any failure of any fish commissioner, 
warden or any other ofiioer named above to prove 
his case the county in which it is heard shall pay 
the costs. 

Section 11. The fines imposed under any section 
of this act shall be paid to the treasurer of the 
county in which the prosecution shall be made, 
and the said treasurer of the several counties of 
the State shall pay over to the commissioners of 
fisheries all moneys forfeited and recovered by 
them by virtue of this act, and the said com- 
missioners shall p.ay over the same to the treas- 
urer of the State. 

Section 12. All sections, provisos or acts incon- 
sistent with this act are hereby repealed. 

Approved— The 22nd day of May, A. D. 1889. 

JAMES A. BEAVER. 



GAME, FISH AND FOROBSTRY LAWS. 



99 



A SUPPLEMENT. 



To an act, entitled "An act to amend and con- 
solidate the several acts relating to game and 
game fish," approved May first, Anno Domini 
one thousand eight hundred and seventy-three, to 
require all persons engaged in any of the manu- 
facturing interests of this State, accustomed to 
the washing of iron and other ores, and of coal 
preparatory to its use for coking, and engaged 
in the business of tanning, to prepare a tank or 
other suitable receptacle into which the sedi- 
ment, culm or coal dust, the offal, refuse and 
the tan bark and liquor therefrom used in tan- 
ing, so far as is practicable may be prevented 
from passing into or upon any of the rivers, lakes 
ponds or streams of this Commonwealth. 

Section 1. Be it enacted, &c., That section sev- 
enteen of the act aforesaid be and the same is 
hereby amended so that the same shall read as 
follows, namely: That all persons engaged in 
any of the manufacturing interests of this State, 
accustomed to the washing of iron and other ores, 
and of coal preparatory to its use for coking, or 
in the tanning of hides by a process in which 
vitriol is used, shall prepare a tank or other suit- 
able receptacle into which the culm or coal dirt, 
the offal, refuse and the tan bark and the liquor, 
or the water therefrom, may be collected so that 
the sediment therefrom so far as is practicable, 
may be thereby prevented from passing into or 
upon any of the rivers, lakes, ponds or streams 
of the Commonwealth, under a penalty of fifty dol- 
lars for each offense, in addition to liability for 
all damages he or they may have done to any 
individual owners or lessees on such waters. 

Section 2. Whenever any constable or other offi- 
cer making complaint in good faith of the vio- 
lation of any of the provisions of this act, shall 
fail to recover the penalty or penalties mentioned 
in the seventeenth section of the act to which 
this is a supplement, in any prosecution or suit 
commenced by such constable or other ofRcer, pur- 
suant to the foregoing section of this or the act 



May 8. 18T6. 
P. L .104. 



Manufactur- 
ers to pre- 
pare tank, 
for recep- 
tion of coal 
dirt, etc. 



Penalty. 



"When con- 
stables costs 
to be charge 
upon county. 



IM 



GAME, FISH AND FORESTRY LAWS. 



Wheo costs 
to abide 
eveait of 
suit. 



Repeal. 



to which this is a supplement, the costs of suit 
recovered by him or them shall be a charge upon 
the proper county, and shall be allowed as other 
county charges are audited and allowed; and when- 
ever the plaintiff or prosecutor is a private citizen, 
the costs shall abide the event of the suit or prose- 
cution, and be paid as in other cases, and that 
section thirty-three of the act of first of May, Anno 
Domini one thousand eight hundred and seventy- 
three, be and the same is hereby repealed. 
Approved— The 8th day of May, A. D. 1876. 

J. F. HARTRANFT. 



AN ACT 



June 10. 1881, 
P. L. 88. 



Fisb corpo- 
i-ations may 
have special 
police. 



•overnor to 
appoint. 



PoJice to 
take oath. 



Relative to the appointment of police for ©orpora- 
tions organized under the laws of this Common- 
wealth, for the preservation and propagation of 
fish. V 

Section 1. Be it enacted, &c.. That any corpora- 
tion organized under the laws of this Common- 
wealth for the preservation and propagation of 
fish in this Commonwealth, may apply to the Gov- 
ernor to commission such persons as the said cor- 
poration may designate, to act as policemen for 
the protection of the property of such corporation. 

Section 2. The Governor, upon such application, 
may appoint such persons, or so many of them 
as he may deem proper, to be such policemen, 
and shall issue to such person or persons so ap- 
pointed a commission to act as such policemen. 

Section 3. Every policeman so appointed shall, 
before entering upon the duties of his office, take 
and subscribe the oath required by the eig'hth arti- 
cle of the Constitution, before the recorder of the 
county in which the property of said corporation 
may be situated, which oath, after being duly 
recorded by such recorder, shall be filed in the 
office of the Secretary of State, and a certified 
copy of such oath, made by the recorder of the 
county, shall be recorded with the commission In 
the county in which the property of auoh cor- 



GAME, FISH AND FORESTRY LA"WS. 



IH 



poration, for which such policeman is appointed, 
may be situated, and in which it is intended said 
policeman shall act; and such policeman so ap- 
pointed shall severally possess and exercise all the 
powers of policemen in the countj^ in which they 
shall be so authorized to act as aforesaid, and 
the keepers of jails and lock-ups or station houses 
in said county are required to receive all per- 
sons arrested by such policeman for the com.mis- 
sion of any offense against the laws of this Com- 
monwealth upon the premises of any such cor- 
poration, to be dealt with according to law. 

Section 4. Such corporation police shall, when 
on duty, severally wear a metallic shield with 
the word "police" and the name of the corpora- 
tion for which appointed inscribed thereon, and 
said shield shall always be worn in plain view, 
except when employed as detectives. 

Section 5. The compensation of such police shall 
be paid by the corporation for which the police- 
men are respectively appointed, as may be agreed 
upon between them. 

Section 6. Whenever any corporation shall no 
longer require the services of any policemen as 
aforesaid, they may file a note to that effect under 
their corporate seal, attested by their secretary, 
in the office where the commission of such police- 
man has been recorded, which shall be noted by 
the recorder upon the margin of the record where 
such commission is recorded, and thereupon the 
power of such policemen shall cease and be de- 
termined. 

Approved— The 10th day of June, A. D, 1881. 
HENRY M. HOYT. 



Powers »t 
police. 



To wear 
shield. 



Compensa- 
tion. 



When ser- 
vices no 
longer re- 
quired. 



AN ACT 
To establish a Department of Fisheries, to provide 
for its proper administration, and to provide for 
the protection and propagation of fish by the 
Department of Fisheries. 

Section 1. Be it enacted, &c.. That there be, and 
is hereby, established a Department of Fisheries, 
to consist of a Commissioner of Fisheries and four 
•other citizens of the Commonwealth, who together 



April 2, 
1903. P. 
128. 



Department 
of Fisheries. 



102 



GAME, FISH AND FORESTRY LAWS. 



Fisheries 
Commis- 
sion. 



Oath of 
office. 



Powers. 



The Com- 
missioner to 
be president, 
executive 
officer and 
chief super- 
intendent. 



Duties of 
Fisheries 
Commis- 
sion. 



Powers. 



shall constitute the Fisheries Commission, each of 
whom shall be appointed and commissioned by the 
Governor, by and with the consent of the Senate; 
the Commissioner of Fisheries, for a term of four 
years, two of the said citizens for a term of two 
years, and two of said citizens for a term of 
four years, and thereafter all appointments shall 
be made by the Governor, by and with the ad- 
vice and consent of the Senate, for a term of four 
years. The persons so appointed, before enter- 
ing upon the discharge of their duties shall each 
take and subscribe to the oath of office prescribed 
by article seven of the Constitution of Pennsylva- 
nia. The Commissioner of Fisheries, and the Fish- 
eries Commission, so appointed, shall be clothed 
with all the powers heretofore conferred by law, 
respectively, upon the Board of Fish Commis- 
sioners, so far as the same are consistent with the 
the provisions of this act. 

Section 2. The Commissioner of Fisheries shall 
be the president and executive officer of the Fish- 
eries Commission, and shall also be chief super- 
intendent of all hatching--stations and fish-cultural 
establishments belonging to the State; and he 
shall have full control and management of all such 
establishments, now existing or which may here- 
after be established; and he shall have full con- 
trol, direction and management of all flsh-wardens 
or water-bailiffs; and he shall assume full charge 
of the work of the enforcement of the laws relat- 
ing to the protection, propagation and distribution 
of fish; and all fish-wardens, constables, police, 
sheriffs, and guardians of the peace, shall make 
iprompt report to him of all cases of violation of 
the laws relating to fish. 

Section 3. It shall be the duty of the Fisheries 
Commission to encourage and promote the develop- 
ment of the fishery interests of the State, and to 
obtain and publish information respecting the ex- 
tent and condition of the fisheries of the Common- 
wealth, and to make all rules and regulations for 
the enforcement of all laws designed for the pro- 
tection, extension and propagation of fish; and it 
is empowered to employ such legal and other ser- 
vice as may be necessary for the protection of fish, 
and for the apprehension and punishment of per- 



GAME, FISH AND FORESTRY LAWS. 



lot 



sons who may violate any of the laws relating to 
fish, or any of the rules and regulations which, 
under the powers herein given, ma.y be adopted 
by the said Commission. 

Section 4. The Commissioner of Fisheries shall re- 
ceive a salary of three tiiousand dollars per annum, 
payable quarterly, by warrant drawn by the Audi- 
tor General on the State Treasurer, and in addi- 
tion thereto shall be reimbursed for all necessary 
expenses of travel, which may be incurred in the 
discharge of the duties of his office; and the other 
members of the Commission shall serve without 
salary, but shall be reimbursed for all necessary 
expenses incurred by them in the performance of 
the duties of their oflice. 

Section 5. The Fisheries Commission shall have 
an office in the State Capitol, and it shall be the 
duty of the Board of Commissioners of Public 
Grounds and Buildings to provide, from time to 
time, the necessary rooms, furniture apparatus 
and supplies for the use of the Department of Fish- 
eries, created under the provisions of this act. 

Section 6. The Commissioner of Fisheries shall 
have the power to employ one clerk, at a salary of 
twelve hundred dollars per annum; one stenogra- 
pher, at a salary of six hundred dollars per an- 
num; said salaries to be paid monthly, by war- 
rants drawn by the Auditor General on the State 
Treasurer. 

Section 7. This act shall take effect on and after 
the first Monday of June, one thousand nine hun- 
dred and three. 

Section S. That all acts or parts of acts inconsist- 
ent with the provisions of this act be and the same 
are hereby repealed. 

Approved— The 2d day of April. A. D. 1903. 

SAML. W. PENNYPACKER. 



Salary of 
Commis- 
sioner of 
Fisheries. 



Office. 



Clerk. 



Stenog- 
rapher. 



Repe&l. 



104 



GAME, FISH AND FORESTRY I^WS. 



AN ACT 



April 6 1903 '^^ regulate the catching or taking-, within this 
F. L.. 155! ' Commonv.ealth. of bullfrogs and terrapin, and 
providing a penalty therefor. 



Bullfrogs 
and terra- 
pin. 



Open season. 



Section 1. Be it enacted, &c., That from and after 
the passage af this act, it shall be unlawful to 
catch, take or kill any bullfrogs, only from the 
first day of July to the first day of Novemiber, and 
terrapin save only from the first day of November 
to the fifteenth day of March, in each year. 

Section 2. Any person or persons offending against 
the provisions of this act shall be liable to a fine of 
twenty-five dollars for each and every offense, 
which shall be payable to the school district in 
Which such offense is committed, and may be sued 
for and recovered before any alderman or justice 
of the peace of the proper county. 

Approved— The 6th, day of April, A. D. 1903. 

SAMK W. PENNYPAOKER. 



Under an opinion of the Attorney General the 
snapping turtle is not classed as terrapin. 



GAME, FISH AND FOREiSTRY LAWS. 



106 



AN ACT 



To classify the species of fish in such parts of 
boundary lakes, of more than five thousand 
acres, as this Commonwealth has jurisdiction 
over, and in the waters of any peninsula or 
in any bay adjacent to or connected with such 
lakes to declare which fish are game fish, which 
fish are food fish, and which are minnows or bait 
fish to protect and provide for the maintenance 
and increase of fish in such lakes to regulate 
and provide for the payment of license fees for 
the catching of fish from such boundary lakes, 
and prohibit the unauthorized taking of fish 
from devices used by authorities of such license; 
to provide penalties and punishments for the 
violation of any of the provisions of this act; 
and requiring the county wherein an offence 
is charged to pay costs of prosecution in certain 
instances; and repealing all acts inconsistent 
herewith. 



Act April 4v 
1907. P. I^ 
50. 



Boundary 
lakes, etc. 



Section 1. Be it enacted, &c., That in such part 
or parts of lakes of more than five thousand acres, 
lying between this and any other State or foreign 
countr5^ as this Commonwealth has jurisdiction 
over, and in any water on any peninsula or in 
any bay adjacent to or connected with such lake, 
the following named species of fish are hereby 
made specifically within the provisions of this act, 
to wit: All species or varieties of black or yellow Game fish, 
bass, rock bass, calico bass or strawberry bass, 
crappie, muscallonge, and grass pike, which for 
the purpose of this act, are hereby classified and 
hereinafter designated as game fish; and minnows 
and killifish, which shall hereinafter be designated 
as minnows or bait fish; and all other species of 
fish shall be called food fish. 

Section 2. That it shall be unlawful to fish for 
or capture any game fish in any waters, within 
the jurisdiction of this Commonwealth, described 
in the first section of this act, in any manner or 
with any device or appliance, or by any means 
whatsoever, except a rod and line having not more 
than three hooks, or with a hand-line having not 



Bait fish. 
Food a»h. 



Devices and 
appliances. 



10ft 



GAME, FISH AND FORESTRY LAWS. 



Fine and 
j>enalty. 



ISfets and 
other de- 
vices. 



Proviso. 



Scientific 
purposes. 



Fine and 
penalty. 



Forfeiture. 



Length of 
flsh which 
may be le- 
gally 
caught. 



more than three hooks, or a spear used for catch- 
ing- carp and suckers only, or with a trolling- 
line with spoon hoolcs attached; or, for food fish, 
with any device not specifically permitted in this 
act. Any person violating- any provision of this 
section shall, on conviction thereof, be subject 
to a penalty of twenty-five dollars, or, in default 
of payment, undergo imprisonment in the county 
jail for the period of one day for each dollar of 
fine unpaid, except where otherwise provided; and 
any device, appliance or boats used in violating 
any of the provisions of this section shall be 
forfeited to the Department of Fisheries, 

Section 3, That it shall be unlawful to fish for 
any kind of fish in any bay or in any waters on 
any peninsula described in the first section of this 
act, with nets or devices, or means of any kind, 
except a rod and line having not more than three 
hooks, or with a hand-line having not more than 
three hooks attached, or with a trolling-line with 
spoon-hooks attached, at any time in the year: 
Provided, That nothing in this section shall be so 
construed as to prohibit the use of minnow-nets 
for angling or scientific purposes, or to prohibit 
the Department of Fisheries from catching fish at 
any time of the year with nets, for the purpose of 
stocking other waters, or for taking spawn, or 
from removing, by means of nets, by contract 
or otherwise, any fish which it may deem in- 
jurious to other game or food fishes. Any person 
violating any of the provisions of this section 
shall, on conviction, be subject to a penalty of 
twenty-five dollars, or, in default of payment, be 
imprisoned in the county jail for a period of 
thirty days; and all nets, devices, appliances or 
boats used in violating any of the provisions of 
this section shall be forfeited to the Department 
of Fisheries. 

Section 4. That it shall be unlawful to catch and 
kill in any waters, within the jurisdiction of this 
Commonwealth, described in the first section of 
this act, or have in possession, either alive or 
dead, any rock bass, crappie, strawberry or calico 
bass, less than five inches in length; or any species 
of black bass or yellow bass, or any grass pike, 
less than nine inches in length; or any musoallonge 



GAME, FISH AND FORiESTRY LAWS. 



107 



less than fifteen inches in length. Any person 
violating- any of the provisions of this section shall, 
on conviction, be subject to a penalty of five 
dollars for each and every fish so unlawfully 
caught, killed or had in possession; or, in default 
of payment, be imprisoned in the county jail for 
a period of one day for each dollar of fine un- 
paid. 

Section 5. That it shall be unlawful for any 
person, persons, partnership, or corporation to 
place, or allow to pass into or upon any part 
of any lake described in this act, any dead fish, 
fish offal, contents of tannery vats, coal-tar, gas- 
tar, sawdust, or plaining-mill shavings. Any 
person violating, or any member of a partnership 
or officer of a corporation that consents to or 
permits the violation of, any of the provisions 
of this section shall, on conviction, be subject to 
a penalty of one hundred dollars, or, in default 
of payment, be imprisoned in the county jail for 
a period of three months. 

Section 6. That it shall be unlawful to fish in 
any waters described in the first section of this 
act, and over which this Commonwealth has juris- 
diction, with dynamite, nitroglycerine, torpedoes, 
electricity, quicklime, or with any kind of ex- 
plosives or poisonous substances, or to place such 
substances in any waters except for engineering 
purposes, when written permission has been given 
therefor by the proper National, State, city or 
county oflficial or officials. Any person violating 
any of the provisions of this section shall, on con- 
viction, be subject to a fine of one hundred dol- 
lars, or imprisonment of six months in the county 
jail, ^ 

Section 7. That in all cases of arrest made for 
the violation of any of the sections of this act, 
the possession of the fishes prohibited by such 
section, or the possession of a net, nets or other 
device, at or near a place where the use of such 
net, nets or other device is prohibited by such 
section, shall be prima facie evidence of the vio- 
lation of such section or sections. 

Section 8. Any person or persons catching or 
selling game or food fish, or minor food fish, from 
the waters of any part of any lake described in 



Pine and 
penalty. 



Contamina- 
tion of lake, 
bay, etc. 



Fine and 
penalty. 



Explosives 
or poisons. 



Fine and 
penalty. 



Prima faci« 
evidence of 
violation. 



Use of flsh 
as compost, 
etc. 



1»8 



GAME. FISH AND FORESTRY LAWS. 



Pine and 
penalty. 



!&i stances. 
Ifimit. 



Fsiiae and 
penalty. 



Sturgeon, 



I/en^ths. 



Fine and 
penalty. 



the first section of this act, for the purpose of 
making compost or other fertilizing- mixture, or 
who makes use of fish for such purposes without 
the consent, in writing, of the Department of 
Fisheries, shall, on conviction, be subject to a 
penalty of one hundred dollars, or an imprison- 
ment of three months in the county jail, or both, 
at the discretion of the magistrate or court be- 
fore whom conviction was had. 

Section 9. That no net of any description shall 
be set, fastened, drawn or used within two miles 
of the entrance of any bay described in the first 
section of this act; nor shall any gill-net be set 
within three-quarters of a mile of any other por- 
tion of the shore of the part of any lake over which 
this Commonwealth has jurisdiction, described 
in the first section of this act; nor shall any other 
net or nets, other than gill-nets and nets fas- 
tened to and supported by poles driven in the 
ground, be set, fastened, drawn or used within 
seventeen miles from such entrance to any bay 
described in the first section of this act, measured 
in a direct line. Any person violating any of the 
provisions of this section shall, on conviction, be 
subject to a penalty of one hundred dollars, or, in 
default of payment, be imprisoned in the county 
jail for a period of three months. 

Section 10. That it shall be unlawful for any per- 
son or persons, company or corporation, operating 
nets or devices, of whatever description or char- 
acter, in the waters of any part of any lake de- 
scribed in this act, to capture and kill any sturgeon 
under three feet in length, or to have in possession 
the carcasses or flesh of any sturgeon of less than 
three feet in length. Any sturgeon of less than 
three feet in length, which may be captured, 
must be returned forthwith to the waters, with 
care and the least possible injury. Any person 
or persons violating, or any member of a part- 
nership or ofl^icer of a corporation that consents 
to or permits the violation of, any of the pro- 
visions of this section shall, on conviction, be sub- 
ject to a penalty of twenty-five dollars for each 
sturgeon illegally captured, killed or had in pos- 
session; or, in default of payment, be imprisoned 



GAMK. FISH AND FORESTRY LAWS. 



IM 



in the county jail for a period of one day for each 
dollar of fine unpaid. 

Section 11. That it shall be unlawful for one per- 
son to catch or kill more than ten black or yellow 
bass in any one day. Any person violating the pro- 
visions of this section shall, on conviction, be sub- 
ject to a fine of ten dollars for each fish so cap- 
tured and killed, over and above the amount here- 
in named; or, in default of payment, be im- 
prisoned in the county jail for a period of one 
day for each dollar of fine unpaid. 

Section 12. That it shall be unlawful to fish in 
any part of the waters described in this act 
over which this Commonwealth has jurisdiction, 
with any gill-net having a mesh of less than three 
inches, stretched mesh, factory measure; and all 
gill-nets used in fishing for trout shall have meshes 
at least five and one-half (5V2) inches in size, 
stretched mesh, factory measure; or with any 
pound-net, with the net at the back side of the 
crib having a mesh of less than two and one- 
eighth (2 1-8) inches, stretched mesh, factory 
measure, and the net of the balance of the crib 
having a mesh of less than two and one-half (2i/^) 
inches, stretched mesh, factory measure: Pro- 
vided, That until January first, Anno Domini 
one thousand nine hundred and eight, the net of 
the entire crib may have a mesh of not less than 
two and one-eigthth (2 1-8) inches, stretched mesh, 
factory measure. Any person or persons fishing, 
at any time of the year, with gill-nets or pound- 
nets having meshes of less size than those herein 
described, shall, on conviction, be subject to a 
fine of one hundred ($100) dollars; or, in default 
of payment, each person convicted shall be con- 
fined in the county jail for a period of three 
months; and all boats, nets and other appliances 
used, together with any fish caught, shall be 
forfeited to the Department of Fisheries. 

Section 13. That it shall be unlawful for any 
person, persons, company or corporation, to oper- 
ate for the purpose of catching fish, any boat, 
boats, net, nets, or any device whatsoever, ex- 
cept a rod and line having not more than three 
hooks, or a hand-line having not more than three 
hooks, or a spear, used for catching carp and 



Fine and 
penalty. 



Gill-nets. 



Pound-Bets. 



Meshes. 
I*roviso. 



Fine and 
penalty. 



Boats, neta 
and devices. 



no 



GAME, FISH AND FORESTRY LAWS. 



suckers only, or with a troUing-line with spoon- 
hooks attached, or with set-line with hooks at- 
tached, in any part of any lakes described in this 
act, over which this Commonwealth has juris- 
diction, without having first paid into the hands 
of the Department of Fisheries the following 
Lricense fees, amounts as license fees, to wit: For each row or 
sail-boat, used in fishing with gill-nets, five dol- 
lars; for each boat of any other kind under ten 
tons gross burden, so used, ten dollars; for each 
boat of any kind of from ten to twenty tons gross 
burden, so used, fifteen dollars; for each boat of 
any kind over twenty tons gross burden, so used, 
twenty dollars; for each pound-net, ten dollars; for 
each fyke-net, one dollar; for any other form of 
net or device, not less than one dollar or more 
than five dollars, as the Department of Fisheries 
may determine; and in addition to the license 
fees above set forth, the operators of each boat, 
so licensed, shall permit a man designated by the 
Commissioner of Fisheries to accompany such boat 
at any time when it is engaged in fishing, under 
and by virtue of such license, for the purpose of 
securing for the Department of Fisheries from 
the fish so caught so much of their spawn as said 
Department may desire to secure; and any person 
operating or employing others to operate, or any 
member of a partnership or officer of a corpora- 
tion that employes or consents to the employment 
of any person to operate any boat, net, nets, de- 
vice or devices, without having procured from the 
Department of Fisheries a license, as provided 
in this section, authorizing him, them or it so to 
do, shall, on conviction, be subject to a penalty 
of twenty-five dollars, or, in default of payment, 
be imprisoned in the county jail for a period of 
one day for each dollar of fine unpaid; and all 
nets, devices and boats, and appliances used in 
operation of said nets or devices, shall be for- 
feited to the Department of Fisheries. 

Section 14. That it shall be unlawful for any per- 
son or persons, save the owner or owners thereof. 
or their lawful representatives, to remove or take 
fish from any device which has been duly licensed, 
and operated according to the provisions of this 
act. Any person or persons violating any of the 



Spewn. 



Pine and 
per>alty. 



Unlawful 
taking of 
fish from 
censed de 
vice. 



GAME, FISH AND FORESTRY LAWS. 



Ill 



provisions of this section shall, on conviction 
thereof, be subject to a fine of ten dollars for 
each fish so unlawfully taken, provided the total 
amount of fine shall not exceed one hundred dol- 
lars for taking at any one time, and, in default 
of payment, be imprisoned in the county jail for 
a period of one day for each dollar of fine unpaid; 
and any fish recovered shall be returned to the 
owner or owners of the net or device from which 
they were taken, and all boats and appliances 
used in taking the fish unlawfully shall be for- 
feited to the Department of Fisheries. 

Section 15. That whenever any person, persons, 
company, or corporation shall apply to the De- 
partment of Fisheries for a license to operate any 
boat, boats, net or nets, or other device, in any 
waters in which they may be used legally under 
the provisions of this act, the Department of 
Fisheries shall, upon receiving the fees provided 
in the thirteenth section of this act, issue such 
license, duly signed by the Commissioner of Fish- 
eries, which license shall hold good from the time 
it is issued until the close of the calendar year 
in which it is issued, and shall be carried by the 
operator or operators of said boat, boats, net, nets, 
device or devices, while they are being used: 
Provided, That no license shall be issued to a resi- 
dent of any State or county whose laws prohibit 
the issuing of a license to a resident of the Com- 
monwealth of Pennsylvania. Said license must be 
shown on demand by any fish warden, constable, 
deputy sheriff, Fish Commissioner, or any au- 
thorized representative of the Department of Fish- 
eries. Any person having such license in his 
possession and refusing to show it on demand, 
shall be subject to a penalty of five dollars, or be 
imprisoned in the county jail for a period of one 
day for each dollar of fine unpaid. 

Section 16. That all moneys collected as license 
fees and fines, under the provisions of this act, 
shall be paid, as received, into the State Treas- 
ury, for the use of the Commonwealth, accom- 
panied by an itemized statement thereof, a copy 
of which shall be filed in the oflfice of the Auditor 
General; and a duplicate thereof, when receipted 
by the Auditor General and the State Treasurer, 



Fine and 
penalty. 



Forfeiture. 



Issue of li- 
cense. 

Term of. 



Proviso. 



License to 
be shown on 
demand of 
officers. 



Fine and 
penalty. 



Disposition 
of license 
fees and 
fines. 



112 



GAME, FISH AND FORESTRY LAWS. 



Settlements. 



Seizures. 



Aires ts. 



When county 
•hall pay 
costs. 



Warrants. 



Hearing. 



shall constitute a settlement between the Com- 
missioner of Fisheries and the Auditor General 
and State Treasurer as to the aforesaid license 
fees and fines. 

Section 17. That from and after the passage of 
this act, any Fish Commissioner, fish-warden, 
deputy- warden, sheriff, deputy sheriff, constable, 
or any special officer, or any peace officer in this 
Commonwealth, is hereby authorized and com- 
manded to forthwith seize any net, nets, or de- 
vice whatsoever, that may be used in violation 
of any provision of this act, and turn the same 
over to the Department of Fisheries; and they 
are hereby authorized and commanded to forth- 
with apprehend and arrest any person or persons 
who may be guilty of violating any of the pro- 
visions of this act, and take him or them before 
any justice of the peace, magistrate, or other 
legally constituted authority, and thereupon make 
charge of such violation of the law, or any of the 
provisions thereof; and the magistrate shall forth- 
with hear and determine the charge as provided 
in this act. And in case any Fish Commissioner, 
fish- warden, or any other officer named above, 
fails to prove his case, and the defendant or de- 
fendants are discharged or, in case the defendant 
or defendants are convicted, and are sent to jail 
in lieu of the payment of fine or fines, penalty or 
penalties, the county in which the case is heard 
shall pay the costs. Such arrests may be also 
made on Sunday, in which case the person or per 
sons shall be taken before the proper officer, and 
proceeded against on a week day following the 
arrest. 

Section 18. That from and after the passage of 
this act, any justice of the peace, alderman or 
magistrate, upon information or complaint being 
made laefore him by the affidavit of one or more 
persons, charging any person with having violated 
any of the provisions of this act, is hereby re- 
quired and authorized to issue his warrant, under 
his hand and t=eal. directed to any constable, police 
officer, or warden, requiring such person or per- 
sons to be arrestpd and brought before such justice 
of the peace, alderman, or magistrate, who shall 
hear and determine the guilt or innocence of the 



GAME, FISH AND FORESTRY LAWS. 



113 



person or persons so charged; and, if convicted, 
such justice of the peace, alderman, or magistrate 
shall sentence the person or persons, so con- 
victedf severally to pay the fine or fines penalty 
or penalties, provided in this act for such viola- Fime and 
tion or violations, together with the costs of penalty, 
suit; and such fines or penalties shall be appro- 
priated as provided in section seventeen of this 
act. 

Section 19. That the following act and parts of Repeais, 
acts, intended to be supplied by this act, be and 
the same are hereby repealed: — 

"An act to classify the species of fish in such 
parts of boundary lakes, of more than five thou- 
sand acres, as this Commonwealth has jurisdic- 
tion over, and in the waters of any peninsula or in 
any bay adjacent to or connected with such lakes; 
to declare which fish are game fish, which fish 
are food fish, and which are minnows, or bait fish; 
to protect and provide for the maintenance and 
increase of fish insuch lakes; to regulate and 
provide for the payment of license fees for the 
catching of fish from such boundary lakes; and 
to provide penalties and punishments for any vio- 
lation of any of the provisions of this act, and 
to repeal all acts inconsistent herewith," approved 
the twenty-second day of April, Anno Domini one 
thousand nine hundred and five. 

And, in addition to the above, all acts and parts 
of acts inconsistent with the* provisions of this 
act are hereby repealed. 

Approved— The 4th day of April, A. D. 1907. 
EDWIN S. STUART. 



U4 GAME, FISH AND FORESTRY LAWS. 



AN ACT 

To classify the fish in the waters withift this 
Commonwealth; declaring which are game fish, 
which are food fish, and which are bait fish, 
and to regulate the catching and sale and en- 
courage the propagation of the same, to pro- 
tect the waters within this Commonwealth from 
unfair, improper, wasteful, and destructive fish- 
i«jAQ M ^"^' ^"^ ^° protect fish from being destroyed or 

pT'l. IS injured by destructive means; to provide for the 

appointment of fish-wardens, and to declare their 
official powers and duties; to encourage and regu- 
late the propagation of fish within this Common- 
wealth, and regulate the free distribution of the 
same by the Department of Fisheries, in the 
waters within the same; to define powers and 
duties of the Department of Fisheries; to regu- 
late the sale and shipment of fish artifically pro- 
pagated for profit; to forbid the sale of unlaw- 
ful devices for catching fish: and to provide 
penalties and punishments for the violation of 
the provisions of this act, and providing how 
and by whom the costs shall be paid. 

SDecles of Section 1. Be it enacted. &c., That the fish with- 

Oah! ill this Commonwealth are hereby designated and 

classified, for the purposes of this act, as follows; 

Game fish ^^ '^^^' "^^^ following are classified as game fish: 
Charr, commonly called brook trout; all species 
of trout and of the salmon family; blue pike; 
pike-perch, otherwise known as Susquehanna sal- 
mon, or wall-eyed pike; pickerel, western pike; 
muscallonge; small-mouth bass, otherwise called 
black bass; large-mouth bass, otherwise called 
Oswego, green, or yellow bass; crappie, grass, 
strawberry, or calico bass; white bass; rock bass, 
otherwise known as red-eye, or goggle-eye; and 
all other species or varieties of fresh water fish, 
called or commonly known as bass, except striped 

Bait nsh. bass, or rock fish, and fall fish. The following 

are classified as bait fish; to wit. All forms of 
minnows, all forms of killifishes, and stone cat- 
fish. That all other species or variety of fish, what- 



GAME, FISH AND FOREiSTRY LAW>S. 



in 



soever, in the waters within this Commonwealth, 
are hereby classified as food fish. 

Section 2. That it shall be unlawful to use any 
device, means, or method whatsoever, for taking 
fish from the waters within this Commonwealth, 
except the following; to wit. For game fish, with 
rods and lines, or with hand line, and for pickerel 
and yellow perch, also with tip-up, and for suck- 
ers, through the ice, with pole and burr hook: 
for bait fish in any manner or at any time, except 
by use of poison or explosives; for food fish, with 
rods and lines and hand line, at any time of the 
year; outline, otherwise called set line; dip net, 
eel pot, or a fyke net, each without wings, a seine, 
or a fish basket: Provided, That nothing herein 
shall be held to ap'ply to fishing with rod and line 
or hand line, unless the person fishing therewith 
shall have in possession any fish which may not 
lawfully be caught: And provided That no de- 
vice except a single rod and line shall be used 
by any person in waters inhabited by charr, or 
trout, except that in such waters suckers may be 
taken with pole and burr hook: And provided 
further, That in streams, not inhabited by trout, 
eels, carp, sucker?, and mullets may be taken by 
the use of a gig or spear, during the months of 
July, August. September and October of each year: 
Provided further. That no person shall use, when 
fishing for pickerel or yellow perch, more than 
eight tip-ups: Provided also. That both rods and 
lines or hand line shall not have attached to it 
more than three hooks, and that one burr of three 
hooks shall be considered as one hook: Provided 
further, That the nets and devices, described here- 
inbefore as legal, may also be used under the con- 
ditions and regulations hereinafter set forth; but 
that nothing herein shall be held to forbid the 
use of the gaff or the landing-net to assist in land- 
ing fish already caught by lawful devices: Pro- 
vided further. That no fishing of any kind, or with 
any device, shall be done by any person or persons 
on the first day of the week, commonly called 
Sunday. Any person violating any of the provisions 
of this section, shall, on conviction as provided 
in section twenty-seven of this act, be subject to 



Food fish. 



I-^wful man- 
ner of fish- 
ing. 



Proviso. 

Illegal pos- 
session. 
Proviso. 
Devices in 
trout waters. 

Proviso. 

Eels, carp, 
suckers and 
mullets. 

Proviso. 

Tip-ups. 

Hooks. 
Proviso. 



Gaff and 
landing- net. 



Proviso. 



Sunday fish- 
ing prohib- 
ited. 
Violations. 



116 



GAME, FISH AND FORESTRY LAWS. 



Penalty. 



Trout, 
Open season. 



Blue pike, 
pike- perch, 
pickerel and 
yellow 
perch. 



length of 
fish which 
may be 
legally 
•caugwt. 



Number 
-which may 
be legally 
taken. 



A^iolations. 

Penalty. 
Proviso. 
Limit of 
penalty. 
Provfs©. 



a penalty of twenty dollars, exce-pt as hereinafter 
otherwise provided. 

Section 3. That it shall be unlawful to fish for, 
or have in possession, the same being killed, charr, 
commonly called brook trout, or any species of 
trout except lake trout, from the first day of 
August to the fourteenth day of April next en- 
suing, both inclusive, except as provided in sec- 
tion eleven of this act; or blue pike, pike-perch, 
otherwise called wall-eyed pike or Susquehanna 
salmon, and pickerel and yellow perch, from the 
first day of January to the fourteenth day of June, 
both dates inclusive; or any other game fish, from 
the first day of Decemiber to the fourteenth day of 
June next ensuing, both inclusive. It shall be 
unlawful also to catch and kill, or have in 
possession, the same being killed, any white bass, 
rock bass; crappie, strawberry, or calico bass, 
or any yellow perch; charr, otherwise called brook 
trout: or any species of trout, except lake trout, 
less than six inches in length; any black bass 
or small-mouth bass; large-mouth bass, otherwise 
called Oswego, or yellow bass; striped bass, other- 
wise called rock fish, lake or salmon trout, less 
than eight inches in length; or any blue pike, 
pike-perch, otherwise called wall-eyed pike, or 
Susquehanna salmon, or any pickerel, less than 
twelve inches in length; or any muscallonge or 
western pike, less than twenty-four inches in 
length; or any sturgeon less than five feet in 
length; and the measurement of said fish shall be 
from the tip of nose to the tip of the tail; and it 
shall be unlawful for any one person to catch, kill, 
or have in possession, the same heing killed, more 
than forty charr, or trout; or more than twelve 
small or large-mouth bass; or more than twenty- 
five rock bass, white bass, calico bass, erappie, 
pickerel, blue pike, or pike-perch; or more than 
four muscallonge or western pike, in any one day. 
Any person violating any of the provisions of this 
section, shall, on conviction as provided in section 
twenty-seven of this act, be subject to a penalty of 
ten dollars for each and every fish so taken, 
caught, or had in possession: Provided, however, 
That no penalty in the aggregate shall exceed one 
hundred dollars: And Provided further. That no 



GAME, FISH AND FORESTRY LAWS. 



IIT 



penalty shall be Imposed if any fish, caught in 
violation of any provision of this act, is returned 
at once to the water from which it was taken, 
in the condition in which it was captured. 

Section 4. It shall be unlawful to use fyke nets, 
eel pots, and dip nets from the first day of June 
to the thirtieth day of June, inclusive, except as 
provided in section five of this act; and it shall 
be unlawful to use nets from the first day of July 
until thirty-first day of May of the year next en- 
suing-, both dates inclusive, excepting for the cap- 
ture of eels, catfish, suckers, mullets, and carp: 
Provided, That dip nets shall have meshes not less 
than two and one-half inches stretched measure, 
while being fished, or one and one-quarter inches 
from knot to knot; and that no fyke net, com- 
monly called set net, or any eel pot, shall have 
any wings attached to either of them, or be set 
or fastened to any wing- walls, or within ten feet 
of any wing-walls, or be set within ten feet of 
each other, and the space between each net shall 
be free from all obstructions for the free passage 
of fish; or for any fyke net or eel pot to have an 
entrance into the funnel thereof of more than six 
inches, or with on outside diameter of the mouth 
or more than thirty inches, horizontal measure- 
ment; nor shall such nets be used in any streams 
inhabited by trout, at any time of the year; nor 
shall any such nets be set, fastened, or used from 
Saturday noon until Monday morning at six 
o'clock, of the week next ensuing: Provided fur- 
ther, That each fyke net or eel pot must have 
fastened thereon a metallic tag bearing the name 
and residence of the owner thereof. Any person 
violating any of the provisions of this section, 
shall, on conviction as provided in section twenty- 
seven of this act, be subject to a penalty of twenty 
dollars, together with the forfeiture of all boats, 
nets, and other appliances used, to the Depart- 
ment of Fisheries. 

Section 5. It shall 'be unlawful to fish for herr- 
ing, or alewife, or shad, excepting with rod and 
line, hand line, or with a haul seine, sometimes 
called a shore seine; or with a dip net, the meshes 
of which shall not be less than two and one-half 
inches stretched measure, or one and one-quarter 



Replaced 
fish. 



Pyke nets 
and eel pots. 



Close season. 



Proviso. 
Sizes of 
mesh. 



Wing-waHs. 



Diameter &f' 
mouth. 



Provis©. 

Tag. 

Vioiations. 

Penaity. 
Forfeiture. 



Herring, 
ale-wife an<S 
shad. 



Nets. 



118 



GAME, FISH AND FORESTRY l^AWS. 



Sturgeon. 



Close season. 



Sunday fish- 
ing prohib- 
ited. 

Proviso. 

Carp and 
food fish. 



Violations. 



Penalty. 



Outlines. 



Close season. 



Open season; 
carp, suck- 
ers, mullets, 
catfish and 
eels. 
Proviso. 
Weighted. 



Limit of 
snoods. 



Legal hours. 



inches from knot to knot While being- fished; or for 
sturgeon, with nets, the meshes of which shall 
not be less than thirteen inches while being fished; 
and it shall be unlawful to use said nets for shad, 
herring, or alewife, from the tenth day of June to 
the first day of March of the year next ensuing-; 
and it shall be unlawful to fish with any nets of 
any kind from Saturday noon until Monday morn- 
ing at six o'clock of the week next ensuing: Pro- 
vided, That nothing in this section shall be so 
construed as to forbid the catching of carp and 
other food fish of legal size or weight, excepting 
sturgeon, in such nets, while being legally used 
for the catching of shad or herring or alewife. Any 
person violating any of the provisions of this sec- 
tion, shall, on conviction thereof as provided in 
section twenty-seven of this act, be subject to a 
penalty of one hundred dollars, and shall forfeit 
to the Department of Fisheries all nets, boats, 
and appliances used. 

Section 6. That it shall be unlawful to fish for 
fish of any kind in the waters of this Common- 
wealth, with outlines, commonly called set lines, 
or lines fastened or anchored at both ends, from 
the first day of December until the first day of 
June in the year next ensuing, both dates in- 
clusive. It shall be lawful for any person to use 
and operate such outlines, as described in this 
section, from the first day of June to the thirtieth 
day of November next ensuing, both dates in- 
clusive, for the capture of carp, suckers mullets, 
catfish, and eels only: Provided that said out- 
lines be sunk to the bottom, and be so weighted 
that the hooks shall rest upon the bottom, and 
that cut or dead bait only shall be used: Pro- 
vided further. That no one person shall use or 
attach to said outlines, in the aggregate, more 
than one hundred snoods, with not more than 
one hook attached to each: And provided, That 
during the season or period when it shall be law- 
ful to operate outlines, for the capture of the 
fishes aforesaid, it may only be done from five 
o'clock in the evening until seven o'clock in the 
morning next ensuing, when said outlines must 
either be removed entirely from the water or the 
snoods or bait be detached and removed, unless 



GAME, FISH AND FORESTRY KAWS. 



U» 



it is shown to the satisfaction of the court that 
it was a physical impossibility to comply with 
this provision: And provided further, That the 
owner or operator of such outlines must either be 
present and exercise supervision over them or have 
attached to each line thereof a metallic tag bear- 
ing the name and address of the owner: Provided 
further, That any fish other than those named 
in this section, when caught on such lines, shall 
be immediately removed therefrom and set free 
into the waters from which they were taken: And 
provided further, That no outline shall be set or 
operated in any waters inhabited by trout. Any 
person violating any of the provisions of this sec- 
tion, shall, on conviction thereof as provided in 
section twenty-seven of this act, be subject to a 
penalty of twenty dollars, and shall forfeit to the 
Department of Fisheries all lines, boats, and other 
appliances used. 

Section 7. That it shall be unlawful for any per- 
son or persons to place any device or object in 
the waters, within this Commonwealth, in such a 
manner as to obstruct the migration or passage of 
fish therein, or to obstruct any fishway; or to flsh 
with nets or devices whatsoever, excepting rods 
and lines, within four hundred feet of any dam 
or fishway, or such distance as may be determined 
by the Commissioner of Fisheries, such determina- 
tion to be plainly posted upon the fishway or 
adjacent shores: and any obstruction not permitted 
by existing laws, when found, shall be removed 
forthwith by any Fish Commissioner, fish warden, 
sheriff, or other peace officer; and no rods and 
lines shall be used for fishing within one hundred 
feet of the upper or lower end of any fishway. 
Any person violating any provisions of this sec- 
tion, shall, on conviction thereof as provided in 
section twenty-seven of this act, be subject to a 
penalty of fifty dollars. 

Section 8. That it shall be unlawful to use fish 
baskets in the waters within or under the control 
of this Commonwealth from the first day of De- 
cember to the fourteenth day of August next en- 
suing, each date inclusive; that it shall be lawful 
to use fish baskets from the fifteenth day of Sep- 
tember to the thirteenth day of November in each 



Tag». 

Return of 
fish illegally 
taken. 



Trout 

waters. 

Violations. 



Penalty. 



Obstruction 
of migra- 
tion, or fish- 
way s. 



Fishing near 
dam or fish- 
way. 



Violations. 
Penalty. 



Pish bas- 
kets. 



Open 



]2« 



GAME, FISH ANT> FORBSTRT LAWS. 



Eels. 
Trout 
streajn. 
Wing-walls. 
Looatlon of. 



Pi'ovis*. 



Construc- 
tion of bas- 
ket. 



Bottoms. 

Hours. 

Prov'teo. 



Locatioi 



Provis». 



year, both dates inclusive, and from four o'clock 
in the afternoon until eight o'clock on the follow- 
ing morning, for the capture of eels, and no fish 
basket shall be set or used in a stream known as 
a trout stream; and no wing- walls of any two 
baskets shall be within twenty feet of each other 
at the upper end, when side by side, or extend 
beyond each other at the upper end, or reach 
from main shore to main shore, or extend over 
more than three-fourths of the width of a stream, 
or occupy so much of the stream as to prevent the 
passage of canoes or boats and fish at either side 
of the stream, or be constructed of any other 
material than loose stones; and no basket and 
wing-walls shall be set immediately above one 
already legally located nearer than one-quarter 
of a mile: And provided. That the bottoms of the 
basket, so used, shall be made of well-rounded 
wooden slats, not more than two inches wide, 
so set or placed that they shall not be less than 
three-eighths of an inch apart when swollen by 
water: And provided further. That the bottoms of 
said baskets shall be movable for the entire width 
of each and every fall, or so much of said bottoms 
be movable as to leave not more than seven slats 
in one section; and such bottoms, or parts of 
bottoms, shall be taken out of said falls, or so 
adjusted as to make it impossible for them to 
catch fish, from eight o'clock in the morning and 
kept out until four o'clock in the afternoon: And 
provided further. That the number of the license 
of said basket shall be clearly and permanently 
painted or marked on the sides thereof: Provided, 
That nothing in this section shall be so construed 
as to allow any fish baskets to be erected and 
operated within a quarter of a mile of any fish- 
way, chute, or opening in a dam, through which 
fish can pass when water is running through, race- 
ways and mills excepted: And provided also. That 
before any person or persons shall be authorized 
to catch or take eels by means of a fish basket, 
as described, he or they shall be required to take 
out a license from the treasurer of the county m 
which he or they propose to erect or construct 
any fish basket, in accordance with section twenty- 
one of this act, and no person shall be giren a 



GAME, FISH AND FORESTRY LAWS. 



121 



lioense for a fish basket for a spot or location 
for which a license was given another person the 
previous year, until the first day of the lawful 
season for using- said basket, unless the licensee 
of the previous year shall have previously notified 
the county treasurer, in writing, of his intention 
not to renew his license: Provided That any per- 
son who shall neglect to take out a license for 
two years shall have no priority to such location: 
And provided also, That no license shall be granted 
for a fish basket in any stream without the written 
consent of the owner and occupant of the land 
on which it is proposed to place such basket: 
And provided further, That all baskets used or 
operated under the provisions of this section shall 
be entirely removed from the wing- walls, or dis- 
mantled or destroj'ed, within one week after the 
closing of the legal season: And provided also. 
That no person or persons shall operate said 
basket, in the absence of the owner or owners, 
except it be a member of his family, or a bona 
fide employe or employes of a member of his or 
their family: in which case the holder or holders 
of the certificate or license shall be held legally 
responsible for any violation of this section, or 
of any existing acts relating to fish or fishing, 
within this Commonwealth, by the use of said fish 
baskets: Provided further. That nothing in this 
section shall be so construed as to prevent the 
licensee or lawful operator keeping, besides eels, 
any carp, suckers, or mullets, but no other fish, 
which may be taken by the basket while law- 
fully used for catching eels: And provided further. 
That at the end of the fishing season, each holder 
of a license shall furnish to the Department of 
Fisheries, on request of the Commissioner of Fish- 
eries, a written report of the approximate number 
and weight of eels, carp, suckers, and mullets 
taken, together with the market value of the 
same, for statistical purposes. No individual re- 
port to be made public without written consent of 
the licensee. Any person or persons violating any 
of the provisions of this section shall on convic- 
tion, b-e subject to a fine of twenty-five dollars, 
as provided in section twenty-seven of this act, 
together with the forfeiture of any boats or ap- 



Proviso. 
Priority. 



Consent of 
owner. 



Proviso. 



Removal o* 
baskets. 

Proviso. 
Who may 
operate. 



Responsi- 
bility. 



Carp, suck- 
ers and 
mullets. 
Proviso. 



Report. 



Violations. 
Pewalty. 



122 



GAME, FISH AND FORESTRY LAWS. 



Ohutes, 
slopes, fish" 
ways, gates, 
etc. 



Neglect or 
refusal. 



Powers of 
Board. 



Proviso. 



pliances which may have been used, to the De- 
partment of Fisheries, and, in addition, be de- 
prived of the right to secure another license for 
the period of two years; and this section shall 
apply to the River Delaware above Trenton Falls. 
Section 9. That any person, company, or corpora- 
tion owning: or maintaining' a dam or dams, or 
who may hereafter erect or maintain a dam or 
dams in the waters of this Commonwealth, shall 
immediately, on a written order from the Com- 
missioner of Fisheries, erect therein such chutes, 
slopes, fishways, gates, or other device as the 
Board of Fishery Commissioners may decide 
necessary, to enable fish to ascend and descend 
the waters at all seasons of the year; and every 
such chute and other device, as aforesaid, shall 
be maintained, open and in good order and repair, 
by the person, company, or corporation owning 
or maintaining such dam, until said dam is re- 
moved raised, or rebuilt; and any person, com- 
pany, or corporation refusing or neglecting to 
comply with the provisions of this section, within 
three months from the date of such notice, shall 
forfeit and pay the sum of fifty dollars for every 
month he or they so neglect, which sum or sums 
shall be recovered by civil suit and process, in 
the name of the Commonwealth, and when collec- 
ted shall be paid by the Commissioner of Fisheries 
into the Treasury of the Commonwealth. If, after 
the lapse of three calendar months, the person, 
company, or corporation owning or maintaining 
said dam or dams still neglect or refuse to erect 
or place, or maintain unchanged, open and in 
g-ood order and repair, the appliance or appliances 
as directed by the Commissioner of Fisheries, the 
said commissioner is empowered to enter upon 
such dam or dams, and erect such slopes, chutes, 
fishways, or gates, or make such repairs as may 
have been directed as aforesaid; and the cost 
thereof shall be charged against the person, com- 
pany, or corporation owning- or maintaining such 
dam or dams, to be recovered by the Commissioner 
of Fisheries by civil suit and process, in the 
name of the Commonwealth; Provided, That 
where, by reason of any dam or dams having- 
been constructed prior to any requirement by law 



GAME, FISH AND FORESTRY LAWS. 



12E 



of the placing of chutes, slopes or fishways there- 
in, or for any other reason, the owner or owners 
of, or person or persons maintaining, such dam 
or dams cannot be compelled by law to pay the 
cost of erecting slopes, chutes, or fishways, the 
cost of erecting such slopes, chutes, and fish- 
ways by the Commissioner of Fisheries, as pro- 
vided in this section, shall be paid by the 
Commonwealth of Pennsylvania, out of such funds 
as may be appropriated therefor: And provided 
further. That the chutes and other devices, afore- 
said, may be closed for repair, or in time of low 
water, but such closing shall be only for a period 
of thirty days at any one time. 

Section 10. That from and after the passage of 
this act, any person, company, or corporation 
owning or operating a raceway, flume, or inlet 
pipe, leading to a water wheel, turbine, pump, or 
canal, shall, immediately upon receipt of a written 
order from the Commissioner of Fisheries, place 
and maintain a bar rack, of not less than one 
inch nor more than one and one-half inch space 
between the bars in or near such raceway, flume, 
or inlet pipe, sufficient to prevent fish from enter- 
ing therein. Any person, company, or corporation 
refusing or neglecting to comply with such order 
for a period of one month shall forfeit and pay 
the sum of fifty dollars, which shall be recovered 
by civil suit and process, in the name of the 
Commonwealth, and when collected shall be paid 
by the Commissioner of Fisheries into the State 
Treasury. If one month after notification, the 
person, Company, or corporation, owning or 
operating such a raceway, fiume, or inlet pipe, 
has not placed such bar rack, as may have been 
directed, the Commissioner of Fisheries is em- 
powered to enter upon such raceway, flume, or 
inlet pipe, and place such bar rack, of not less 
than one inch nor more than one and one-half 
inch space between the bars; the cost thereof shall 
be charged against the said person, company, or 
corporation, and, if not promptly paid, such cost 
may be recovered by civil suit and process, in the 
name of the Commonwealth. 

Section 11. That hereafter, before any person or 
persons, corporation or corporations, or partner- 



Cost of con- 
struction. 



Proviso. 



Closing for 
repairs, etc. 



Bar rack at 
race-way, 
flume or 
Inlet. 



Neglect or 
refusal. 



Fine. 



Powers of 
Board. 



124 



GAME, FISH AND PORBSTRT DAWS. 



Artlflelal 
propagra- 



Appllcatioa 
for license. 



Ocense fee. 
iLi cense. 



Proviso, 
Lawful fish- 
ing. 



EYovlso. 



ship, limited or unlimited, shall engage in the 
artificial propagation of any species of game fish 
or food fish, for the purpose of selling the same, 
the said person or persons, corporation or corpora- 
tions, or partnership, limited or unlimited, shall 
first apply to the Department of Fisheries for a 
license; and said person or persons, corporation or 
corporations, or partnership, limited or unlimited, 
shall fill out blanks supplied by the Department 
of Fisheries, setting forth answers to any questions 
which the said Department of Fisheries may put 
with reference to the size, character, and purpose 
of said plant; and if such answers promise and 
undertake that the applicant will conduct the 
business applied for according to law, and that 
no dams, ponds, or other devices, which will 
prevent the free migration of fish, are to be 
erected or placed by such applicant in any stream 
flowing over his or their property, and that the 
ponds on said plant are to be for commerical 
purposes, the said person or persons, corporation 
or corporations, or partnership, limited or un- 
limited, shall then pay a license fee of ten dollars 
to the Department of Fisheries. Thereupon the 
said Department of Fisheries shall issue a license 
to said person or persons, corporation or corpora- 
tions, or partnership, limited or unlimited, to carry 
on the business of propagating and selling any 
species of game fish or food fish, or the eggs 
thereof, during the calendar year, that the holder 
or holders of said license may catch or kill game 
fish and food fish, from the ponds on their 
property, in any manner whatsoever, except with 
explosives or poisonous substances; or they may 
sell or dispose of, in any manner whatsoever, any 
species of such game fish or food fish, or the eggs 
thereof, at any time of the year; and express or 
railroad companies may carry and transport the 
same: Provided, That no fish shall be caught out 
of any stream flowing over the property of such 
person or persons, corporation or corporations, or 
partnership, limited or unlimited, holding such 
license, except in accordance with the provisions 
of sections two and three of this act: Provided, 
That with each sale of any species of game fish 
or food fish, there shall be furnished the purchaser 



GAME, FISH AND FORESTRY LAWS. 



126 



a certificate or invoice of sale, bearing the date 
of sale, the number of the license, the number of 
fish or the number of pounds sold, or both; which 
said certificate or invoice must be shown by the 
holder, on demand, to any fish warden, clerk of 
the market, constable, or person authorized to 
make arrests for violation of the laws relating 
to fish and fishing within this Commonwealth; and 
the said certificate or invoice shall hold good for 
the period of six days from the date thereof. Any 
person or persons, corporation or corporations, or 
partnership limited or unlimited, holding a license 
for conducting an establishment for the propaga- 
tion of any species of game fish or food fish, shall 
mail a sworn statement, in writing, to the De- 
partment of Fisheries annually, on the first day 
of December, of the number of pounds and the 
number and value of game fish and food fish, or 
the eggs thereof, sold and disposed of during the 
year; and the property and books of said person 
or persons, corporation or corporations, or partner- 
ship, limited or unlimited, engaged in the propa- 
gation and sale of any species of game fish or 
food fish, or the eggs thereof, under the provisions 
of this section, shall be open to inspection by the 
Commissioner of Fisheries at all times; and said 
person or persons, corporation or corporations, 
or partnership, limited or unlimited, shall not in 
any manner stock or maintain their establishments 
by any species of charr, trout, or charr or trout 
eggs, taken from any waters within this Common- 
wealth, not owned, occupied or controlled by them, 
excepting that they may exchange such eggs or 
the fry of any species of trout, or other game 
or food fish, with the Department of Fisheries. 
Any person or persons, corporation or corporations, 
or partnership, limited or unlimited, violating any 
of the provisions of this section, shall, on con- 
viction thereof, be subject to a penalty of one 
hundred dollars for each and every offense, as 
provided in section twenty-seven of this act. 

Section 12. That it shall be unlawful for any 
proprietor, manager, clerk, or agent of any 
market, hotel, boarding-house, eating-house, 
restaurant, or saloon, or any person, company, 
or corperation, in this Oommonwealth, to pur- 



Certlfi(»te or 
inroiee. 



Aojuial 
statement. 



luspeafrion. 



Tr»ut ©«gs. 



YioiaMoBS. 



Penalty. 



Purchase or 
sale of 
brook trout. 



126 



GAME, FISH AND PORBSTRY DAWS. 



When artl- 
flcally pro- 
pagated. 

Guides. 

Violations 

Fine. 

Purchase, 
sale, or pos- 
session out 
of season. 



Proviso. 

Artlfically 

propa- 

i:ated. 

Violations. 

Penalty. 



Trespass on 

hatchery 

waters. 



Violations. 



chase, sell, or expose for sale any charr, com- 
monly called brook trout, or any species of trout; 
or contract with or employ any person or persons 
to catch and keep such fish for him or them, by 
the day or otherwise: Provided, That nothing in 
this section shall be so construed as to prevent 
any person, company, or corporation from selling 
charr, commonly called brook or speckled trout, 
or any species of trout, bred or raised artificially, 
under the provisions of section eleven of this act: 
And provided further, That nothing in this section 
shall be so construed as to prohibit any person or 
persons from employing a guide to accompany 
him or them when fishing. Any person violating 
any of the provisions of this section, shall, on 
conviction as provided in section twenty-eight of 
this act, be subject to a fine of twenty dollars for 
each and every offense so committed. 

Section 13. That it shall be unlawful to purchase, 
sell, or offer for sale, or have in possession, any 
fresh dead game fish, wherever caught, within 
this Comomnwealth, or any fresh dead food fish, 
caught in the waters within this Commonwealth, 
except during the lawful period for catching the 
same, and the space of six days after such period 
has expired: Provided however, That nothing here- 
in shall be so construed as to prohibit the sale of 
food or game fish, artifically propagated, by any 
person or persons under the provisions of section 
eleven of this act. Any person or persons violating 
any of the provisions of this section, shall, on 
conviction thereof as provided in section twenty- 
seven of this act, be subject to a penalty of ten 
dollars for each fish. 

Section 14. That it shall be unlawful to fish, or 
trespass with intent to fish, in or upon any 
waters, or beds or banks of any waters, or any 
lands controlled, owned or occupied by the De- 
partment of Fisheries; or willfully and maliciously 
destroy or damage any ponds, property, or aip- 
pliances whatsoever, of the said Department; or to 
interfere or obstruct, pollute or diminish, the 
natural flow of water into or through such State 
hatchery or lands. Any person or persons viola- 
ting any of the provisions of this section, shall, 
on conviction thereof in accordance with section 



GAME, FISH AND FORESTRY LAWS. 



127 



twenty-seven of this act, be subject to a jjenalty 
of one hundred dollars or six months imprison- 
ment, or both. 

Section 15. That any domestic birds or fowls tres- 
passing on any waters or lands controlled, used, 
or occupied, entirely for the artificial propagation 
of fish, may be killed by the owner or occupant 
thereof, or his agent in charge of the same, after 
having given five days' notice to the owners of 
said birds to prevent such trespassing: Provided 
further, That said owner or owners, occupant or 
agent, shall have the right to kill any wild birds 
or wild animals destructive to fish life whenever 
found on such grounds. 

Section 16. That it shall be unlawful for any 
person to put or place in any waters within the 
Commonwealth any electricity, or any explosive or 
poisonous substances whatsoever, or any drug, or 
any poison bait, for the purpose of catching, tak- 
ing, killing, or injuring fish; or to allow any dye- 
stuff, coal or gas tar, coal oil, saw dust, tan bark, 
cocculus indicus (otherwise known as fish berries), 
lime, vitriol, or any of the compounds thereof, 
refuse from gas-houses, oil-tanks, pipes, or ves- 
sels, or any deleterious, destructive, or poisonous 
substances of any kind or character, to be turned 
into, or allowed to run, flow, wash, or be emptied 
into, any of the waters aforesaid, unless it is 
shown to the satisfaction of Commissioner of 
Fisheries, or the court, that every reasonable and 
practicable means have been used to prevent the 
pollution of waters in question by the escape of 
deleterious substances. In the case of the pollu- 
tion of ^vaters by substances known to be injurious 
to fishes or to fish food, it shall not be necessary 
to prove that such substances have .actually caused 
the death of any particular fish: Provided, That 
nothing in this section shall prohibit the use of 
explosive for engineering purposes, w^hen a written 
permit has been given thereof by the proper natio- 
nal, state or municipal government. Any pers-m 
violating any of the provisions of '"i.Ib section, 
shall, on conviction as provided in section twenty- 
seven of this act, be subject to a fine of one hun- 
dred dollars. 



Penalty. 



Domestic 
birds and 
fowls. 



Proviso, 



Wild birds 
and animal*. 



Fishing with 
electricity, 
poisons, or 
explosives. 

Pollution of 
waters. 



Englntcr- 
ln& pur- 
poses. 

Violation*. 



Fine. 



128 



@AME, FISH AND FORESTRY LAWS. 



Carnivor- 
ous fisi. 



VicvIaUomB. 



Fine. 



Powers o€ 
Commis- 
sioner. 



Solentiflk; 
research, 
etc. 



Proviso. 
Returns. 



Distribe- 
tion and 
planting of 
fish. 
Prefereaee. 



Proris*. 



Section 17. That it shall be unlawful to place in 
any waters within this Commonwealth inhabited 
by charr or any species of trout, without the 
consent of the owner or owners of the land upon 
which such waters are located, and without the 
written consent of the Commissioner of Fisheries, 
any other carnivorous fish. Any person violating 
,any of the provisions of this section, shall, on 
conviction thereof as provided in section twenty- 
seven of this act, be subject to a fine of fifty 
dollars. 

Section 18. That the Commissioner of Fisheries 
shall have the right to catch fish at any season of 
the year, and with any kind of nets, or devices 
not poisonous or explosive; and also the right to 
grant written permission so to do, for a period 
not longer than one year to persons engaged in 
scientific research; and also to corporations, asso- 
ciations, person or persons, for the purpose of 
propagation of fish or stocking waters therewith, 
or the removal of fish found by the Commissioner 
of Fisheries to be hurtful or injurious to other 
fish life: Provided, That those persons who are 
permitted to catch fish, as aforesaid, shall make 
return, in writing, to the said Commissioner of 
all fish caught by them and of the use made by 
them of the fish so caught. 

Section 19. That it shall be the duty of the Com- 
missioner of Fisheries to make free distribution or 
planting of the fish produced at the State fish 
hatcheries, or otherwise acquired, in the following 
order or preference: First. To the public waters 
of the Commonwealth, and to the waters within 
the Forestry Reserves belonging to the Common- 
wealth: Second. To the public school authorities 
and persons connected with institutions of learn- 
ing, who may apply for the same for educational 
purposes, or for scientific research, and to persons 
applying for fish cultural and acquarium purposes 
and show ponds: Third. To the waters within this 
Commonwealth, of which the bed and banks are 
the subject of private ownership, upon the written 
application of one or more of the owners or law- 
ful occupants thereof: Provided, That such waters 
be suitable for the fish applied for, and that the 
applicant or applicants shall agree, in such ap- 



GAME, FISH AND FORESTRY LAWS. 129 

plication, to allow lawful fishing- by the public public nsh- 
in the waters over their lands which are planted ing. 
with fish upon such application, and that they, 
the said applicants, shall have and claim no right 
to eject or molest any persons lawfully fishing on 
their lands, on the banks of or over such waters, 
in a peaceful and orderly manner: Provided, That Proviso, 
during the open season for game or food fish the 
owner, lessee, or occupant of the real estate 
through which or over vrhich the stream so stocked 
with game or food fish shall pass, or the owner, 
lessee, or occupant of the bank of any natural 
lake or pond so stocked with game or food fish, 
shall hereafter not have the authority to forbid 
fishing along the banks or in the said stream or 
waters; but the person or persons so flsh'ng shall pujj]jp ^3^. 
be liable in trespass for any and all damage which ing, 
he or they may do the said real estate or other 
property: Provided further, That all persons fish- pj-oyigg 
ing on or over the land of others, by virtue of the 
provisions thereof, shall be liable for all damage 
they may cause during such occupation: Fourth. 
To the waters, last aforesaid, whose owners are Damages, 
non-residents and unknown, or who by habit and 
custom permit the public to fish therein: Provided, 
That such planting may, at the discretion of the 
said commissioner, be made without application unlawful 
thereafter. That it shall be unlawful to apply to applica- 
the Commissioner of Fisheries for any fish, if such tions. 
applicant prohibits or prevents fishing by the gen- 
eral public in the waters flowing over his land; 
but nothing in this section shall be held to prevent 
the Commissioner of Fisheries from planting fish 
in suitable waters, without application. Any per- Paise repr«- 
son who shall, by false representation, receive sentation. 
fish from the Department of Fisheries, and plant 
the same in waters where the public are not 
allowed to fish, shall, on conviction thereof as 
provided in section twenty-seven of this act, be 
subject to a fine of twenty-five dollars for each Fine. 
offense. 

Section 20. That the Commissioner of Fisheries is Nursery 
authorized to set aside, at his discretion, such streams, 
small streams as he may judge best as nursery 
streams, in which fishing- shall be prohibited at 
all times in the year; said streams to be posted 



130 



GAME, FISH AND FORESTRY LAWS. 



Owners' 
consent. 



Violations. 



Nets or 
devices. 



License 
fees. 



Certificate. 



Violations. 



by the Department of Fisheries, at the ©utlet by 
a conspicuous notice, and also at intervals of three 
hundred yards: Provided, That before such streams 
shall be so designated and set aside, the owner or 
owners shall first give their consent in writing. 
If after any stream has been set aside, under the 
provisions of this section, any person fishing there- 
in, shall, on conviction thereof as provided in sec- 
tion twenty-seven of this act, be subject to a 
penally of twenty dollars. 

Section 21. That before any person shall use, set. 
or fish with any of the following nets or devices 
for catching food fish, he shall first take out a 
license therefor from the treasurer of the county 
in which the person or persons reside, and for 
which he or they shall pay the following sums 
annually: For each seine net, two dollars; for 
each fish basket, one dollar. On making payment 
of the sum or sums named, such license fee shall 
be paid by the county treasurer forthwith to the 
Department of Fisheries, and the Department of 
Fisheries shall pay over the same into the State 
Treasury; and such license shall hold good for the 
calendar year in which it is issued. The county 
treasurer on receiving said license fee or fees shall 
issue, to the person or persons paying the same, 
a certificate, on one of the forms supplied to him 
by the Department of Fisheries, bearing the name 
and place of residence of each applicant, or ap- 
plicants, and the name and number of the nets or 
devices permitted, and otherwise properly filled 
out; which said certificate or license shall permit 
the owner or owners thereof to use the device or 
devices named for the next lawful season, in 
accordance with the provisions of this act, and a 
duplicate of each license shall be forwarded, -with 
the license fee, to the Department of Fisheries. 
The certificate shall be shown to any fish warden, 
constable, or any other person or persons author- 
ized to make arrests for any violation of any of 
the laws relating to fish and fishing in this Com- 
monwealth. Any person or persons who shall use 
any of the above described devices without first 
taking out a license, shall, upon conviction as 
provided in section twenty-seven of this act, be 
subject to a fine of twenty dollars. 



GAME, FISH AND FORESTRY LAWS. 



131 



Section 22. That it shall be unlawful for any 
person or persons to remove fish from any licensed 
device or net without the authority of the owner 
or owners thereof, except that any person may 
return to the water any fish not authorized to be 
taken by such device, or to remove fish from any 
pond or tank of any fish hatchery without authority 
as aforesaid. Any person or persons violating any 
of the provisions of this section, shall, on convic- 
tion thereof as provided in section twenty-seven 
of this act, be subject to a fine of fifty dollars. 

Section 23. That whenever at least two hundred 
citizens, in any county, shall, in writing, certify 
to the Commissioner of Fisheries that any stream 
or waters in the said county is nearly depleted 
of fish, and has been restocked, and asking that 
it or they be closed to fishing for a period, the 
said commissioner shall forward to said petitioners 
and others a blank form, setting forth questions 
regarding the condition of said stream or waters, 
which forms must be filled out and returned to the 
Department of Fisheries; and if the answers on 
said forms are of such a character as to convince 
the Commissioner of Fisheries that the petition 
should be granted, he is hereby authorized to pro- 
hibit all fishing in such streams or waters for a 
period of three years from the time of restocking: 
Provided, That said Commissioner of Fisheries 
shall first give public notice of such closing by 
posting such streams or waters with notices of 
such prohibition, and the period thereof, and 
publishing the same in two newspapers, published 
in the county where such stream or waters are 
located, for a period of three consecutive weeks, 
one time in each week. Any person catching and 
killing or fishing for any fish from any stream or 
waters closed under the provisions of this section, 
shall, on conviction thereof as provided in section 
twenty-seven of this act, be subject to a penalty 
of twenty dollars. 

Section 24. That any fish commissioner, fish 
warden, deputy warden, sheriff, constable, or any 
special officer, or any peace officer in this Com- 
monwealth is hereby authorized and commanded 
to proceed, with such force of the county as may 
be necessary, to destroy any device for catching 



Bewvvftl *t 
fish fr»m 
deviee. 



Vio]ati«»a. 
Fine. 



Depl«t«d 
waters. 



Prohibi- 
tion. 



Vi»lati»HS. 



Tine. 



Duty ©f 
offiMrs. 

De<5tra«- 
tioB ©f il- 
legal de- 
viees. 



132 



GAME, FISH AND FORESTRY IjAWS. 



Charge and 
hearing. 



County to 
pay costs. 

Arrests on 
Sunday or 
holiday. 



Refusal or 
neglect of 
officer. 



Conviction. 
Penalty. 



Interfer- 
ence with or 
resisting 
officer. 



fish used contrary to or prohibited by law, in any 
of the waters within this Commonwealth; and they 
are hereby authorized and commanded to arrest 
forthwith, and without warrant, any person or 
persons owning, placing-, or using such devices, or 
violating any of the provisions of this act; and 
they are further authorized and commanded to 
apprehend and arrest, and immediately take, any 
person or persons, who may be guilty of such 
violation, before any justice of the peace, magis- 
trate, or other legally constituted authority, and 
thereupon make charge of such violation of the 
law, or any provisions thereof; and the magistrate 
shall forthwith hear, and determine the charge, as 
provided in section twenty-eight of this act; and 
in ease of any fish commissioner, fish warden, or 
any other officer named above, fails to prove his 
case, and the defendant or defendants are dis- 
charged, or in case the defendant or defendants 
are convicted and are sent to jail in lieu of the 
payment of fine or fines, penalty or penalties, the 
county in which the case is heard shall pay the 
costs. Such arrest may be also made on Sunday, 
or on any holiday, in which case the person or 
persons so arrested shall be taken before the proper 
officer, and proceeded against on the first lawful 
day following the arrest. Any sheriff, deputy 
sheriff, constable, special oflftcer, or other peace 
officer of this Commonwealth, who shall refuse or 
neglect to proceed with sufficient force of the 
county to forthwith remove and destroy any ex- 
isting devices illegally used for the catching of fish 
within his jurisdiction, after being notified in writ- 
ing of the existence of such illegally used devices 
by the Commissioner of Fisheries; or who shall 
refuse or neglect to remove and destroy any such 
illegal device for catching fish within this Common- 
wealth, of which he shall have cognizance, shall, 
on conviction thereof as provided in section twenty- 
seven of this act, be subject to a fine of fifty 
dollars, or be imprisoned in the county jail for a 
period of not less than three months nor more 
than six months. 

Section 25. Any person or persons who shall, by 
threat, menace, or force, or in any manner, at- 
tempt to deter or prevent any fish warden, or other 



GAME, FISH AND FORESTRY LAWS. 



133 



person authorized to make arrests for violation of 
the fish laws, from enforcing- or carrying into effect 
any provision of this act, or who shall resist arrest 
or the seizure of boats or nets illegally used, shall, 
on conviction thereof as provided in section twenty- 
seven of this act, be subject to a penalty of one 
hundred dollars, or, in default of payment of said 
fine, be committed to the county jail for a period 
of one hundred days. 

Section 26. That in all cases of arrest made for 
'the violation of any of the provisions of this act, 
the possession of the fishes or of the nets, or the 
possession of or operation of any other device 
herein prohibited, shall be prima facie evidence 
of the violation of this act. 

Section 27. That any justice of the peace, alder- 
man or magistrate, upon information or complaint, 
made to him by affidavit of one or more persons, 
charging any person or persons with having viola- 
ted any of the provisions of this act, is hereby 
authorized and required to issue his warrant, under 
his hand and seal, directed to any constable, peace 
officer, or warden, and cause such person or per- 
sons to be arrested and brought before such justice, 
alderman, or magistrate, who shall hear and de- 
termine the guilt or innocence of the person or 
persons so charged; and, if convicted upon such 
charge, shall be sentenced by said justice, alder- 
man, or magistrate, severally, to pay the fine or 
fines, penalty or penalties, provided in 'this act 
for such violations, together with the costs of suit; 
the whole of said fine shall be paid over forthwith 
to the treasurer of the county in which the prosecu- 
tion was brought, and said county treasurer shall 
pay over the same forthwith to the Commissioner 
of Fisheries, for the benefit of the Commonwealth: 
Provided, That in case the defendant or defendants 
shall neglect to pay, at once, the fine or fines so 
imposed, said defendant or defendants shall forth- 
with be sentenced to undergo imprisonment, in the 
county jail of the county where such conviction 
takes place, for a period of one day for each 
dollar of fine so imposed and unpaid, unless the 
defendant or defendants, upon conviction, shall 
give notice of intention to appeal, when such de- 
fendant or defendants shall be permitted to enter 



Possession 
prima facie 
evidence. 



Authority of 
justices, 
aldermen, 
etc. 



Warrants. 



Hearing. 



Penalty. 



Imprison- 
ment. 



Appeal. 



134 



GAME, FISH AND FORESTRY DAWS. 



Ball. 



Proviso. 



Waters In- 
habited by 
tr»ut. 



Fisli war- 
dens. 



ehief war- 
den. 



Wuties. 



Reiaevals. 



Duties ttf 

warieBs. 



into good and sufficient recognizance to appear 
before such justice, alderman, or magistrate, on 
or before tlie expiration of five days, if such appeal 
is not taken by them, or on the final determination 
of such appeal if it be not sustained, for execution 
of sentence: Provided also, That all actions for 
any violation of any of the provisions of this act 
must be taken within one year from the time the 
offense was committed; and when necessary to 
properly conduct any case before any alderman, 
justice of the peace, magistrate, or any court, the 
Commissioner of Fisheries is authorized to employ 
legal counsel. 

Section 28. That for the purpose of this act, any 
stream or water, or part thereof, within this 
Commonwealth, in which charr, or trout, are com- 
monly fished for and caught, whether through the 
stocking of the stream, or whether native to such 
stream or water, or part thereof, shall be deemed 
water or streams inhabited by trout. In case of a 
conflict of statement on this point, as to any 
stream or water, the matter shall be investigated 
by the Board of Fishery Commission, and its 
decision shall be final. 

Section 29. The Commissioner of Fisheries, by 
and with the advice and consent of the Board of 
Fishery Commission, shall have power and 
authority to appoint thirty competent citizens of 
this Commonwealth as fish wardens. The said 
Commissioner of Fisheries shall, from time to 
time, by and with the advice and consent of the 
Board of Fishery Commission, designate one of 
such wardens as chief warden, who shall remain 
as such during the pleasure of the Commissioner 
of Fisheries, and he shall perform such duties as 
he may be assigned by the Commissioner of Fish- 
eries. Said chief warden shall have the direction, 
control, and supervision of other wardens, under 
the direction of the Commissioner of Fisheries. 
Wardens so appointed shall hold office during the 
pleasure of the Commissioner of Fisheries, who 
may summarily remove any of their number, and 
appoint another competent citizen in his place, by 
and with the advice and consent of the Board of 
Fishery Commission. The wardens shall enforce 
all of the laws of the Commonwealth, relating to 



GAME, FI&H AND FORESTRY LAWS. 



1S6 



fish and fishing, and the provisions supplementary 
thereto; and shall have power to execute all war- 
rants and search warrants issued for the violation 
of the fish laws, and to serve subpoenas issued 
for the examination, investigation, or trial of all 
offenses against said laws; and said wardens shall 
be permitted to carry and use arms in the perfor- 
mance of their duties. They shall have power, 
without warrants, to search and examine any boat, 
conveyance, vehicle, fish box, basket, bag, coat, 
or other receptacle for fish, when they have reason 
to believe that any of the provisions of any law 
relating to fish have been violated; and said war- 
dens shall seize and take possession of any and 
all fish v/hich may have been caught, taken or 
killed at any time, in any manner or for any 
purpose, or had in possession or under control, or 
have been shipped or about to be shipped, contrary 
to any of the laws of this Commonwealth; and 
such fish shall be disposed of according to the 
order of the Commissioner of Fisheries. Each 
warden shall keep a record of his official acts, 
receipts and expenditures; and at the close of each 
month make a summary of such record, with such 
information in detail as may be necessary for the 
information of or be required by the Department 
of Fisheries, and report the same to the chief 
warden. The chief warden shall report to the 
Commissioner of Fisheries any negligence or 
dereliction of duty or incompetency on the part of 
any of the wardens, with the facts relating thereto; 
and he shall report monthly to the Commissioner 
of Fisheries his operations during the preceding 
month, and shall make such other reports as may 
be required of him by the Commissioner of Fish- 
eries; and he shall make annually a report, in' 
writing, of the operations of himself and sub- 
ordinates during the year to the Board of Fishery 
Commission; and all wardens when in the perfor- 
mance of their duties shall have the power and 
authority to enter upon any land or water, and 
they shall have the power to demand and secure 
proper assistance in case of emergency. That each 
fish warden, except the chief warden, appointed in 
accordance with this section, shall receive as com- 
pensatien for his services seventy-five dollars per 



Search, ex- 
amination, 
and seizure. 



Report. 

Reports of 
chief war- 
den. 



Power and 
authority of 
wardens. 



Compensa- 
tiou. 



1S6 



GAME, FISH AND FORESTRY LAWS. 



Special war- 
dens. 



Powers and 
dutie?. 



Bulletins 



Sale or 
marketing of 
fish. 

Yearly 

statement. 



month, and such allowance for expenses as may 
be deemed by the Board of Fishery Commission 
as just and reasonable; and the chief warden shall 
receive one hundred dollars per month, and such 
allowance for expenses as may be deemed by the 
Board of Fishery Commission as just and reason- 
able. 

Section 30. The Commissioner of Fisheries may 
on the written application of a properly organized 
fish protective association, or of any association 
or individual owning or leasing- waters, appoint one 
or more special fish wardens for the county in 
which the application is made; and all such ap- 
pointments shall expire on the thirty-first day of 
May of each year: Provided also. That no special 
fish warden shall be entitled to any salary, or to 
any expenses or compensation from the Common- 
wealth, for his services, unless such special fish 
wardens should be detailed for duty by the Com- 
missioner of Fisheries, in which case the Com- 
missioner of Fisheries is authorized to make a per 
diem allowance for compensation, and reasonable 
expenses, out of any appropriation which may be 
made for the payment of wardens. The said 
allowance being in place of any claim for any 
part or share of any fine or fines, penalty or 
penalties, imposed or paid under the provisions of 
this act. The special fish wardens, so appointed, 
shall be clothed with the same power as the regular 
salaried wardens, and shall make report of the 
performance of their duties in the same manner. 

Section 31. That the Commissioner of Fisheries, 
by and with the authority of the Board of Fishery 
Commission, shall have the right to issue bulletins 
relating to fish culture and fish protection, as in 
their judgment may be deemed for the best 
interests for the work of the Department of 
Fisheries, and he shall make report annually to 
the Governor of the operation of the Department. 

Section 32. That persons engaged in catching 
fish for the market, or who may be engaged in the 
sale of fish, shall, on demand of the Commissioner 
of Fisheries, furnish at the close of each year a 
tabulated statement of their sales of fish and the 
gross amount of money realized; the said figures 
to be used by the Department of Fisheries entirely 



GAME, FISH AND FORESTRY LAWS. 187 

for statistical purposes, and no individual state- 
ment received by the Department of Fisheries shall 
be made public without the written consent of the 
owner. Any person who shall refuse to furnish Refusal. 
such information, shall, on conviction thereof as 
provided in section twenty-seven of this act, be 
subject to a penalty of ten dollars for each and Penalty, 
every offense. 

Section 33. That all boats, and all nets of legal- seized boats 
sized mesh, used unlawfully and forfeited to the and r.ets. 
Department of Fisheries under any provisions cff 
this act, shall be sold by the Commissioner of 
Fisheries, and the moneys received from such sale sale, 
or sales be paid by him into the State Treasury, 
for the use of the Commonwealth. All unlawful unlawful 
nets or devices, not preserved for exhibition pur- nets and 
poses by the Department of Fisheries, shall be device?, 
destroyed by the order of the Commissioner of 
Fisheries. Record shall be made of all such sales 
or destruction, on the books of the Department. 

Section 34. The following- acts and parts of acts ^^^l^ S as 
of Assembly are intended to be supplied by this they relate 
act, and the same are hereby repealed: — to fish. 

1. "An act to amend and consolidate the several Act of June 
acts relating- to game and fish," approved the third 3. 1S78. 
day of June Anno Domini one thousand eight hun- 
dred and seventy-eight. 

2. A supplement to "An act to amend and con- ^ct of June 
solidate the several acts relating to game and lO. 1881. 
game fish," approved the third day of June, Anno 

Domini one thousand eight hundred and seventy- 
eight, changing the time for hunting and killing 
deer, squirrels, rabbits, wild turkeys, pheasants, 
prairie chickens, approved the tenth day of June. 
Anno Domini one thousand eight hundred and 
eighty-one; each and all the several sections thereof 
so far as they relate to flsh. 

3. "An act for the protection of salmon, black ^^.^ q( j^j^y 
bass, and other food fishes, newly introduced into 24. 1871. 
the rivers Delaware and Susquehanna and their 
tributaries, for the protection of these classes, also, 

against unlawful fishing, and to prohibit the intro- 
duction of predatory fishes into trout streams, 
and for other germane purposes," approved the 
twenty-fourth day of May, Anno Domini one thou- 
sand eight hundred and seventy-one. 



Act of June 
11, 1879. 



138 GAME, FISH AND FORESTRY LAWS. 

Act of April 4. "An act to provide for the appointment of a 
28. 18T8. Board of Fish Commissioners, for construction of 

fishways, and for the propagation and protection 
of fish, and appropriating- money for the same." 
approved the twenty-eighth day of April, Ann© 
Domini one thousand eight hundred and seventy- 
three. 
Act of May °- "-^^ ^^^ regulating the appointment and pay 

14 18'74. " of fish wardens, or water bailiffs," approved the 
fourteenth day of May, Anno Domini oae thou- 
sand eight hundred and seventy-four. 

6. "An act to provide for the propagation and 
protection of fish, and appropriating money there- 
for," approved the eleventh day of June, Ann© 
Domini one thousand eight hundred and seventy- 
nine. 
Act of June 7. "An act to prevent the catching-, killing, ex- 
it. 18S5. posing for sale, or having in possession of speckled 
trout, except from the fifteenth day of April to the 
fifteenth day of July," approved the eleventh day 
of June, Anno Domini one thousand eig-ht hundred 
and eighty-five. 
Act of May S. "An act for the protection of shad and game 
22. 1889. fish in the State of Pennsylvania,' approved the 
twenty-second day of May, Anno Domini one thou- 
sand eight hundred and eighty-nine; so much 
thereof as relates to fish and fishing in the waters 
within the Commonwealth. 
Act of April 9. "An act to provide for the appointment and 
16. 1891. increase the efficiency of the Commissioner of 
, Fisheries of this Commonwealth," approved the 
fifteenth day of April, Anno Domini one thousand 
eight hundred and ninety-one. 
Act of April 10- "An act to amend an act, entitled 'An act 
IS. 1891. for the protection of shad and game fish in the 
State of Pennsylvania, approved the twenty-second 
day of May, Anno Domini one thousand eight 
hundred and eighty-nine,' extending the time in 
which pike and pickerel may be caught," approved 
the fifteenth day of April, Anno Domini one thou- 
sand eight hundred and ninety-one. 
Act of Junp 11- "An act to permit the use of eel pots in the 
». 1895. rivers and waters of this Commonwealth, other 
than trout streams." approved the twenty-fifth day 
of June, Anno Domini one thousand eight lltiiidred 
and ninety-five. 



GAME, FISH AND FORESTRY LAWS. 13» 

12. "An act to prevent the placing- in the waters ^^^ ,f j^^e 
of Pennsylvania of any torpedo, giant powder, ^. isss. 
nitroglycerine, dynamite, electricity, lime, or any 
poisonous or explosive substances of any kind, for 

the purpose of catching or taking fish; providing 
for a penalty for the violation thereof," approved 
the twenty-fifth day of June, Anno Domini one 
thousand eight hundred and ninety-five. 

13. "An act to declare the species of fish which ^^^ ,f ^^y 
are game fish, and the species of flsh which are 29, iMi. 
commercially valuable for food, and to regulate 

the catching and encouraging the propagation of 
the same; to define the public waters within the 
State; to protect the waters within the State from 
improper and wasteful fishing; to provide for the 
appointment of fish commissioners and fish war- 
dens, and to declare their official powers and 
duties; to encourage and regulate the artificial 
propagation of game and food fish by said State 
Fish Commissioners; to regulate the distribution 
of the same in the waters of the Commonwealth; 
to provide penalties and punishments for the viola- 
tion of the provisions of this act," approved the 
twenty-ninth day of May, Anno Domini one thou- 
sand nine hundred and one. 

14. "An act permitting the taking of carp, •/ah 
suckers, and mullets, by means of seine nets, from ge i^#6. ^ 
the waters of this Commonwealth, upon certain 
conditions," approved the twenty-sixth day of 

April, Anno Domini one thousand nine hundred 
and five. 

15. "An act to amend an act approved May ^^ ^f 
twenty-ninth. Anno Domini one thousand nine hun- iiar^k u. 
dred and one, entitled 'An act to declare the species I9t7. 

of flsh which are game fish, and the species of 
fish which are commercially valuable for food, and 
to regulate the catching and encourage the propa- 
g-ation of the same; to define the public waters 
within the State; to protect the waters within the 
Stat© from improper and wasteful fishing; to pro- 
vide for the appointment of flsh commissioners 
and fish wardens, and to declare their official 
powers and duties; to encourage and regulate the 
artiflcial propagation of game and food flsh by 
said State Fish Commissioners; to regulate the 
distribution of the same in the waters of the 



140 



GAME, FISH AND PORESTRY LAWS. 



Act of May 
1. 1907. 



Act of May 
29. 1907. 



Repeal. 



Commonwealth; to provide penalties and punish- 
ments for the violation of the provisions of this 
act' by prescribing- the number of tip ups to be 
used and the amount of flsh to be taken in any 
one day and by any one man," approved the 
fourteenth day of March, Anno Domini one thou- 
sand nine hundred and seven. 

16. "An act to regulate the taking of carp, suck- 
ers, mullets, and eels, in the waters of the Com- 
monwealth, by means of gigs or spears; prohibit- 
ing the taking of all other fish by such means, 
and providing penalties for the violation of this 
act," approved the first day of May, Anno Domini 
one thousand nine hundred and seven, 

17. "An act authorizing the taking of suckers, 
catfish, carp and eels, in the waters of this Com- 
monwealth, through the use of fish baskets, and 
prescribing penalties for violation of its pro- 
visions," approved the twenty-ninth day of May 
Anno Domini one thousand nine hundred and 
seven. 

And, in addition to the above, all acts or parts 
of acts inconsistent with the provisions of this 
act, are hereby repealed. 

Approved— The 1st day of May, A. D. 1909. 
EDWIN S. STUART. 



AN ACT 



1909. May 1. 
P. L. 309. 



Whereas. 



To encourage the propagation of fish, and to regu- 
late the catching, taking-, and destruction of fish, 
in the Delaware River below Trenton Falls, 
within the jurisdiction respectively of the Com- 
monwealth of Pennsylvania and of the State of 
New Jersey; and providing penalties for violation 
of its provisions, and to repeal acts inconsistent 
therewith. 

Whereas, By virtue of a joint resolution of the 
Commonwealth of Pennsylvania, approved the 
eighth day of May, Anno Domini nineteen hun- 
dred and seven, entitled "A joint resolution pro- 
viding for the creation of a commission to co- 
operate with the authorities of the States of New 



GAME. FISH AND FORESTRY LAWS. 141 

Jersey, New York, and Delaware in regard to the 
propagation, protection, and catching of sturgeon, 
shad, bass, perch, and other fish in the Delaware 
River; the adoption of concurrent laws relevant 
thereto by such States; and to co-operate with the 
authorities of the State of Maryland in regard to 
fish and fishing in the Susuehanna River, and the 
adoption of concurrent laws relevant thereto by 
such States; and to inquire in relation to the pollu- 
tion of the waters of said rivers, and recommend 
legislation regulating and controlling the same; and 
making an appropriation for those purposes," the 
following were appointed Commissioners on the 
part of the Commonwealth of Pennsylvania: From 
the Senate, Frederick A. Godcharles, Webster 
Grim, and Algernon B. Roberts; from the House 
of Representatives, Hiram J. Sedwick, Alfred 
Marvin, and Joseph N. Hunter; by Governor 
Edwin S. Stuart, Henry F. Walton; and by the 
terms of the joint resolution, the Commissioner of 
Fisheries, W. E. Meehan, and Frank B. McClain, 
Speaker of the House; and 

Whereas, By a joint resolution passed by the -whereas 
Legislature of the State of New Jersey, approved 
March twenty-fifth, Anno Domini one thousand 
nine hundred and eight, entitled "Joint resolution 
providing for the creation of a Commission to co- 
operate with the authorities of the States of Penn- 
sylvania and New York in regard to the propaga- 
tion, protection, and catching of fish in the Dela- 
ware River; and to inquire into any cause of 
pollution of the waters of s.-aid river; and to 
recommend legislation in regard to such propaga- 
tion, protection, and catching of fish in the 
Delaware River, and to obviate the pollution 
thereof," the following were appointed to represent 
the State of New Jersey: -From the Senate, 
Edmund W. Wakelee and Joseph S. Frelinghuysen; 
from the Assembly, Austin Colgate, Oliver C. 
Holcombe, and Henry D. Thompson; by the 
Governor, John Franklin Fort, Doctor Henry Van 
Dyke; and by the terms of the resolution, President 
of the Fish and Game Commission, B. C. Kuser, 
President of the Senate, Thomas J. Hillery, and 
Frank B. Jess, Speaker of the House of Assembly; 
and 



142 



GAME, FISH AND FORESTRY LAWS. 



Whereas. 



Whereas. 



Delaware 
River below 
Trenton 
Falls. 



Right of 
fishery. 



Same flsh. 



Bait isk. 
F««i isk. 



Whereas, The commissions of the said Common- 
wealth of Pennsylvania and the State of New 
Jersey have been duly organized as provided and 
required by law; and 

W^hereas, The said Commissioners of the said 
Commonwealth of Pennsylvania and of the said 
State of New Jersey, in joint meeting held for that 
purpose, have agreed upon uniform laws to provide 
an act providing uniform laws to encourage the 
propagation of fish, and to regulate the catching, 
taking, and destruction of fish in the Delaware 
River below Trenton Falls, within the concurrent 
jurisdiction of the Commonwealth of Pennsylvania 
and the State of New Jersey, and providing penal- 
ties for violations of its provisions; therefore, — 

Section 1. Be it enacted, «&c.. That the provisions 
of this act shall affect and apply only to the 
propagation, catching, taking, and protection and 
destruction, of fish in the waters of the Delaware 
River below Trenton Falls, lying between the Com- 
monwealth of Pennsylvania and the State of New 
Jersey. 

Section 2. The inhabitants of the Commonwealth 
of Pennsylvania and of the State of New Jersey 
shall have and enjoy a common right of fishery 
throughout, in, and over the waters of said river, 
between loAV-water mark on each side of said river, 
between said States, below Trenton Falls, except 
so far as either State may have heretofore granted 
valid and subsisting private right of fishery. 

Section 3. For the purposes of this act, the 
following fish shall be designated as game fish; to 
wit. Black bass, or small-mouth bass; large-mouth 
bass, otherwise called Oswego, or yellow bass; 
strawberry or calico bass; rock bass, otherwise 
known as'red-eye or goggle-eye; white bass, crap- 
pie; pike-perch, otherwise called wall-eyed pike; 
pike, or Susquehanna salmon; pike, pickerel, white 
perch, yellow perch; charr, commonly called brook 
or speckled trout; or any form of trout. The 
following shall be called bait fish; to wit, all 
species of minnows, killifishes, and stone catfish. 
All other species or varieties of fish, what6f>ever, 
shall be termed food fish. 

Section 4. It shall be unlawful to catch •r flsh 
for any game fish, in any part of the OeJa-ware 



GAME, FISH AND FORESTRY LAWS. 



143 



River beiow Trenton Falls, with any device, or 
by anj' means or method whatsoever, excepting- 
with rods and lines; or hand-lines, commonly called 
dipsey or throw-lines, each having not more than 
three hooks; or with trolling lines, with spoon or 
artificial bait, having- not more than one burr of 
three single hooks attached; the number of rods 
and lines, or the number of trolling lines, not to 
exceed two of one or the other device named, and 
said lines must be under the direct and immediate 
supervision of the custodian thereof. Any person 
violating any provisions of this section shall, on 
conviction thereof, be subject to a fine of twenty 
dollars. 

Section 5. It shall be unlawful to fish for bait 
fish, in the Delaware River below Trenton Falls, 
except with the following devices; to wit, rods 
and lines and hand lines, wath not m.ore than three 
hooks, attached; a minnow seine, not more than 
one hundred feet in length; a dip net, not more 
than five feet square; a minnow trap, the opening 
of which shall not be more than one and one-quar- 
ter inches in diameter: r scoop net, with a single 
handle, and with a diameter of net of not more 
than two feet. Any person who uses any other 
device, method, or means for catcTiing bait fish, 
or of a greater length or diameter of nets specified 
In this section, shall on conviction thereof, be sub- 
ject to a fine of tw^enty dollars. 

Section 6. It shall be unlawful to fish for food fish . 
in the Delaware River below Trenton Falls, with 
any de\T.-ce, method, or means, excepting by the 
following devices, and under regulations and re- 
tricitions hereinafter described; to wit, a seine, a 
gill net; an eel pot, a fyke net, each w'ithout 
wings; a parallel net, or net set ajt the edge of low 
water; and rods and lines, or hand-lines, otherwise 
known as dipsey or throw-lines, each having not 
more than t'nree hooks. Any person who shall use 
or employ any method or device for catching food 
fish, other than those named in this section, or 
shall use or employ any device named in this sec- 
tion contrary to the regulations or restrictions 
hereinafter mentioned, shall be subject to a fine of 
tAventy djollars. 

Secti©® 7. It shall be unlawful for any person to 



LawfvU 
manner of 
fishing for 
game fish. 



Lawful 
manner of 
fishing for 
bait fish. 



Lawful 
manner of 
fishing for 
food fish. 



Fine. 
.Sturgeon. 



144 



GAME, FISH AND FORESTRY LAWS. 



Seine or 
nets. 



Other food 
flsh. 



Seine or 
net. 



Close 
■eason. 



Fine and 
forfeiture. 



Anchored 
net pro- 
hibited. 

Lawful de- 
vices. 



Tribu- 
taries. 



Fine and 
forfeiture. 



Sunday fish^ 
Ing- with 
nets prohi- 
bited. 



catch and take, or attempt to catch and take, 
sturgeon from the Delaware River bel&w Trenton 
Falls, with any device excepting a seine or a gill 
net, the meshes of which shall not be less than 
thirteen inches stretched measure while being 
fished; or to catch and take, or to attempt to catch 
and take any other food fish, except sturgeon, from 
said waters with a seine, the meshes of which shall 
be less than two and one-half inches stretched 
measure while being fished, or any gill net the 
meshes of which shall be less than five and a 
quarter inches stretched measure while being 
fished. It shall also be unlawful for any person to 
catc-ih and take any food fish, by means of a seine 
or gill net, between the tenth day of June, in each 
and every year, and the first day of March next 
ensuing. Any person who shall violate any of the 
provisions of this section shall, on conviction 
thereof, be subject to a fine of one hundred dol- 
lars, tog-ether witli a forfeiture of all nets, boats, 
and appliances used. 

Section 8. It shall be unlawful for any person to 
catch and take, or attempt to catch and take, fish 
of any kind from the Delaware River below Tren- 
ton Falls, with a net of any character which is 
anchored or staked or fastened down in any inea- 
sure. Nor shall any net of any kind or character, 
excepting a drifting gill net, an eel net, a fyke net, 
each without wing-s, or a parallel net for the cap- 
ture of carp only, be used for the purpose of catch- 
ing and taking fish in said waters, within one- 
quarter of a mile above or below the mouth of any 
river, creek, or stream emptying into said Dela- 
ware River below Trenton River. Any person who 
shall violate any of the provisions of this section 
shall, on conviction thereof, h^ subject to a fine of 
twenty dollars, with the forfeiture of nets, boats, 
and other appliances used. 

Section 9. It shall be unlawful for any person to 
catch and take, or attempt to catch and take, fish 
of any kind or description from the Delaware 
Rivpr below Trenton Falls, by means of a net, or 
to use a net of any character in the waters afore- 
said, from Saturday at twelve o'clock, noon, until 
Monday at S'ix o'clock, ante meridian, next ensu- 
ing-, in each week. Any person violating, any of the 



GAME, FISH AND FORESTRY LAWS. 



14i 



provisions of this section shall, on conviction there- 
of, be stibject to a fine of one hundred dollars 
together with a forfeiture of all nets, boats and 
other appliances used. 

Section 10. It shall be lawful to catch food fish, 
with rods and lines and hand-lines and trolling-- 
lines, as described in section four of this act, at 
any. time in the year, in the Delaware River below 
Trenton Falls; but it shall be unlawful to fish for 
and take game fish, excepting from the fifteenth 
day of June to the first day of December, inclu- 
sive, in each year. Any person violating any of 
the provisions of this section shall, on conviction 
thereof, be subject to a fine of ten dollars for each 
and every fish so taken. 

Section 11, It shall be unlawful to use eel pots 
and fyke nets, each without wings, in the Dela- 
ware River below Tfenton Falls, from June first 
to July thirty-first in each year, both dates in- 
clusive; but it shall be lawful to use eel pots and 
fyke nets, each without wings, from July first to 
May thirty-first, both dates inclusive, in each year, 
for the purposes of catching carp, catfish, eels, and 
suckers only. All other species of fish which may 
be caujjht in said nets must be returned urharmed 
immediately to the waters from which taken: Pro- 
vided, That the entrance of said eel pot and fyke 
net shall not be more than six inches in diameter, 
and the outside diameter not more than thirty 
inches. Any person violating any of the provisions 
of this section shall, on conviction thereof, be sub- 
ject to a fine of twenty dollars, together with a 
forfeiture of all nets, boats, and other appliances 
used. 

Section 12. It shall be unlawful to use a parallel 
net, otherwise a net set approximately parallel 
with the shore, in the Delaware River below Tren- 
ton Falls, and at low-wa-ter mark, between the first 
day of June and the thirty-first day of August in 
each year; and it shall be lawful to use such par- 
allel net from the first day of September to the 
thirty-firs't day of May, inclusive, next ensuing, 
in each year, for the purpose of taking carp only: 
Provided, That the meshes of said net shall be not 
less than four inches stretched measure, while be- 
ing fished: And provided further. That no such 
10 



Food flsh. 

Open season. 

Open season 

for 

fish. 



Eel pots and 
fj-ke nets. 
Close season. 



Open season 
for carp, 
catfish, eels 
and suckers. 



Proviso. 



Fine and 
forfeiture. 



Parallel net. 



Close sea- 
son. 



for carp. 

Proviso. 
Meshes. 



146 



GAME, FISH AND FORESTRY LAWS. 



Tw'ne. 



Obstruo- 
tlon. 



BMne and 
forfeiture. 

iienyth and 
Tvelght of 
fish that 
may be 
tsJben. 



Proviso. 



Tlrhlng au- 
thorities. 



Fiao. 



B'MltS, 



net shall be made of twine with less than six 
threads: And provided further, That no such net 
shall be more than two hundred fathoms in length: 
And provided further, That no such net shall be set 
in such manner as to impede navig-atlon. All other 
fish than carp must be returned unharmed to the 
waters lieyond low-water mark. Any person violat- 
ing- any of ithe provisions of this section shall, on 
conviction thereof, be subject to a fine of one hun- 
dred dollars, together with the forfeiture of all nets 
.and other appliances used. 

Section 13. It shall be unlaw^ful for any person to 
catch and take, or to attem.pit to catch and take, 
from the Delaware River below Trenton Falls, in 
any manner whatsoever, any striped bass, other- 
wise kno-wn as rock fish, weighing more than 
twenty pounds, or measuring less than ten inches 
in length; or any sturgeon, less than five feet in 
length; or any black bass, or any small-mouth 
bass, large-motith bass, otherwise known as Os- 
wego or .yellow bass, less than nine inches in 
length; or any pike or pickerel, or any pike-perch, 
otherwise known as wall-eyed pike or Susquehanna 
salmon, less than twelve inches in length; or any 
calico or strawberry bass, crappie, white bass, 
rock bass, otherwise known as red-eye or goggle- 
eye, or trout, or charr, less than six inches in 
length. Any fish of a less length than those de- 
scribed, or any striped bass, commonij- called rock 
fish, weighing more than twenty pouwds, which 
may be caught, must be returned imm-ediately to 
the water: Provided, That nothing in this section 
shall be so construed as to prevent the fishery 
authorities of the Commonwealth of Pennsylvania 
or of the State of New Jersey capturing fish of any 
size, from said waters, or at any time of the year, 
or in any manner, for propagation purposes and 
for stocking other waters in their respective 
States, though their respre,sentatives. Any person 
who shall violate any of the provisions •t this sec- 
tion shall, on conviction thereof, be subject to a 
fine of ten dollars for each and every fish so 
caught and had in possession. 

Section 14. It shall be unlawful for any person, by 
boat, anchor, dredge, or o'therwise, in tiie Dela- 
ware River below Trenton Falls, to wilfially, and 



GAME, FISH AND FORESTRY LAWS. 



147 



without reasonable cause, interfere with, break, 
damage, or destroy any drifting- gill net or hauling 
seine, or nets of any description, being lawfully 
used; and it shall be unlawful for any person to 
drift a gill net over the waters of a shore fishery 
while the hauling seine is being used. Any person 
violating any of the provisions of this section shall . 
on conviction thereof, be subject to a fine of twenty 
dollars. 

Section 15. It sliall be unlawful for any person to 
put or place in the Delaware River below Trenton 
Falls any explosive or poisonous substances what- 
soever, or any drug, or any poison bait, for the 
purpose of catching, taking, killing, or injurying 
the fl^sh; or to allow any dye-stuff, coal or gas tar. 
coal oil, sawdust, tan-bark, cocculus indicus 
(otherwise known as fish berries), lime, vitriol, or 
any of the compounds thereof, refuse from gas- 
houses, oil-tanks or vessels, or any deleterious, 
destructive, or poisonous substances of any kind or 
character, to be turned into, or allowed to run, 
flow, wash, or be emptied into, any of the waters 
aforesaid, unless it is shown that every practicable 
means have been used to prevent the pollution of 
waters in question by the escape of deleterious sub- 
stances. In case of the pollution of waters by sub- 
stances known to be injurious to fishes or to fish 
food, it shall not be necessary to prove that such 
substances have actually caused the death of any 
particular fish. Any person violating any of the 
provisions of this section shall on conviction there- 
of, be subject to a fine of two hundred dollars. 

-Section 16. It shall be unlawful to purchase, sell, 
or offer for sale, or have in possession, any fresh 
dead game fish or food fish, except during the law- 
ful period for catching the same, and the space of 
six days after such period has expired. Any person 
violating any of the provisions of this section shall . 
on conviction thereof, be subject to a fine of ten 
dollai*s for each fish. 

Section 17. Tlie Commonwealth of Pennsylvania 
and the State of New Jersey shall have concurrent 
jurisdiction over all offenses and violations of this 
act, committed or attem.pted to be committed by 
any person or persons fishing in the Delaware River 
below Trenton Falls, within the jurisdiction re- 



Unlawful 
use of. 



Fine. 



Explosives 
or poisons. 



Deleterious 
or destruc- 
tive sub- 
stances. 



Pollutiaa of 
waters. 



Unlawful 
sale, offer, 
or posses- 
sion. 



ConcurreKt 
jurisdic- 
tion. 



148 



GAME, FISH AND FORESTRY LAWS. 



Repeals. 



Act of May 

22. 1889. 



Part of act 
of May 22, 



Act of Ma,y 
12. 1901. 



Act of June 
25, 1S95. 

When act 
shall go into 
•ffect. 

Proviso. 



spectively of the said Commonwealth of Pennsyl- 
vania and the State of New Jersey. Any fish 
warden, or any person in either State authorized to 
make arrests for violations of the fish laws sliall 
have power and authority to make arresits in any 
part of the river, or shores thereof, and take such 
person or persons for trial to the State in which the 
offense was committed, and proceed against any 
provisions of this act, or who s'hall resist arresit, 
or the seizure of boats or nets illegally used, shall, 
on conviction thereof, be subject to a fine of one 
hundred dollars. 

Section 19. The following acts and parts of acts 
■are intended to be supplied by this act, and the 
same are hereby repealed; also, all acts or parts of 
acts inconsistent with this act, be and the same are 
hereby repealed. 

1. An act for the protection of shad, sturgeon, 
and game fish in the river Delaware, approved 
May twenty- two, one thousand eight hundred and 
eighty-nine. 

2. An act for the protection of shad and game 
fish in the State of Pennsylvania, approved May 
twenty-two, one thousand eight hundred and 
eighty-nine, so much thereof as relates to the 
Delaware River below Trenton Falls. 

3. An act for the protection of Penobscot salmon 
planted in the river Delaware, and providing pen- 
alties for tlie enforcement thereof, approved May 
twelve, one thousand nine hundred and one. 

4. An act for the protection of sturgeon, approved 
June twenty-five, one thousand eight hundred and 
ninety-five. 

Section 20. This act S'hall take effect immediately; 
but no section, proviso, or part of this act shall be 
considered as valid and operative until a similar act 
has been enacted by the State of New Jersey: 
Providpd, That when the »aid State of New Jersey 
has enacted a similar act. the provisions of this act 
relating to the size of the meshes of nets shall not 
become operative until June second, one thousand 
nine hundred and nine. 

Approved— The first day of Mav, A. D. 1&09. 

EDWIN S. STUART. 

An act similar to above was passed by the Legris- 
lature of New Jersey and signed by the Governor 
of that State on the 1st day of April, 1909. 



GAME, FISH AND FORESTRY LAWS. 



149 



AN ACT 



To encourage the propagation of fish, and to regu- 
late the catching, taking, and destruction of fish, 
in the Delawai'e River above Trenton Falls, with- 
in the jurisdiction respectively of the Common- 
wealth of Pennsylvania and of the State of New 
Jersey; and providing penalties for violation of 
its provisions, and to repeal acts inconsistent 
therewith. 

Whereas, By virtue of a joint resolution of the 
Commonwealth of Pennsylvania, approved the 
eighth day of May, Anno Domini one thousand nine 
hundred and seven, entitled "A joint resolution pro- 
viding for the creation of a commission to co- 
operate with the authorities of the States of New 
Jersey, New York, and Delaware in regard to the 
propagation, protection, and catching of sturgeon, 
shad, bass, perch, and other fish in the Delaware 
River; the adoption of concurrent laws relevant 
thereto by such States; and to cooperate with the 
authorities of the State of Maryland in regard to 
fish and fishing in the Susquehanna River, and the 
adoption of concurrent laws relevant thereto by 
such States; and to inquire in relation to the pol- 
lution of the waters of said rivers, and recommend 
legislation regulating and controlling the same; and 
making an appropriation for those purposes," the 
following were appointed commissioners on the part 
of the Commonwealth of Pennsylvania: From the 
Senate, Frederick A. Godcharles, Webster Grim, 
and Algernon B. Roberts; from the House of Rep- 
resentatives, Hiram J. Sedwick, Alfred Marvin, 
and Joseph N. Hunter; by Governor Tdwin S. 
Stuart, Henry F. Walton; and by the terms of the 
joint resolution, the Commissioner of Fisheries, W. 
E. Meehan, and Frank B. McClain, Speaker of the 
House; and 

Whereas, By a joint resolution passed by the 
Legislature of the State of New Jersey, approved 
March twenty-five. Anno Domini one thousand nine 
hundred and eiglit, entitled "Joint resolution pro- 
viding for the creation of a commission to co- 
operate with the authorities of the States of Penn- 



1509, Jlay 8. 
P. D. 480. 



Whereas. 



Whereas. 



150 



GAME, FISH AND FORESTRY LAWS. 



River above 

Trenlolft 

Falls. 



Kigkt of 
ftshery. 



sylvania and New York in reg-ard to the pj?t»paga- 
tion, protection, and catching- of fish in the Dela- 
ware River; and to inquire into any e-auses of 
pollution of the waters of said river; and to recom- 
mend legislation in reg'ard to such propag-ation , 
protection, and catching- of fish in the Delaware 
River, and to obviate the pollution thereof," the 
following were appointed to represent the State of 
New Jersey: From the Senate, Edmund W, Wake- 
lee and Joseph S. Freling-huysen; from the Assem- 
bly, Austin Colgate, Oliver C. Holcomibe, and 
Henry D. Thompson; by the Governor, John 
Franklin Fort, Doctor Henry Van Dyke; and by 
the terms of the resolution, President of the Fish 
and Game Commission, B. C. Kuser, President of 
the Senate, Thomas J. Hillery, and Frank B. Jess, 
Speaker of the House of Assembly; and 

Wliereas, The commissions of the said Com- 
monwealth of Pennsylvania and the State of Ntew 
Jersey have been duly org-anized, as provided and 
required by law; and 

Whereas, The said Commissioners of the said 
Commonwealth of Pennsylvania and the said State 
of New Jersey, in point meeting held for that pur- 
pose, 'have agreed upon uniform laws to provide 
an act providing uniform laws to encourage the 
propagation of fish, and to regulate the catching, 
taking, and destruction of fish, in the Delaware 
River above Trenton Falls, within the concoirrent 
jurisdiction of the Commonwealth of Pennsylvania 
and the State of New Jersey, and providing penal- 
ties for violations of its provisions; therefore, — 

Section 1. Be it enacted, &c.. That the provisions 
of this act shall affect and apply only to the pro- 
pagation, catching, taking, and protection and de- 
struction, of fish in the waters of the Delaware 
River above Trenton Falls, lying between the Com- 
monwealth of Pennsylvania and the State of N-ew 
Jersey. 

Section 2. The inhabitants of the Commonwealth 
of Pennsylvania and of the State of New Jersey 
shall have and enjoy a common rlglht of fishery 
throughout, in, and over the waters of said river, 
between low- water mark on each side of eaid river, 
Detween said States, above Trenton Falls, except 



GAME. FISH AND FOFIESTRY I.AWS. 



151 



so far as either State may have heretofore gi'anted 
valid and subsisting private right of fishery. 

Section 3. For the purpose of this act, the follow- 
ing fish shall be designated as game fish, to wit. 
Black bass, or small-mouth bass; large-mouth 
bass, otherwise called Oswego, or yellow bass; 
straw bei-ry, or calico ba.ss: rock bass; otherwise 
known as red-eye or goggle-eye: white bass, 
crappie; pike-perch, otherwise called wall-eyedt 
pike, Susquehanna salmon; pike, pickerel. White 
perch, yellow perch; charr, commonly called brook 
or speckled trout; or any form of trout. The fol- 
lowing shall be designated as bait fish; to wit. All 
species of minnows, killifishes, and stone catfish. 
AH other species or varieties of fish, whatsoever, 
shall be designated as food fish. 

Section 4. It sliall be unlawful to catch or fish for 
any game fish, in any part of the Delaware River 
above Trenton Falls, with any device, or by any 
means or method whatsoever, excepting with rods 
and lines; or hand-lines, comrrwDnly called dipsey or 
throw-lines, each having not more than three 
hooks; or with trolling-lines. with spoon or arti- 
ficial bait, having not more than one burr of three 
single hooks attached. The number of rods and 
lines, or the number of trolling-lines, not to exceed 
two of one or the other device named, and said 
lines must be under the direct and immediaite sup- 
ervision of the person fishing therewith. Any per- 
son violating any provisions of this section shall, 
on conviction thereof, be subject to a fine of twenty 
dollars. 

Section 5. It shall be unlawful to fish for bait 
fish, in the Delaware River above Trenton Falls, 
except with the following devices; to wit, rods and 
lines and hand-lines, with not more than three 
hooks atitached; a minnow seine, not more than 
one hundred feet in length; a dip net, not more 
than five feet square; a minnow trap, the opening 
of which shall not be more than one and one- 
quarter inches in diameter; a scoop net, with 
single handle, and- with a diameter of net not 
more th-an two feet. Any person who uses any 
other device, method, or means for catching bait 
flflh, •ther than those specified in this section, 
shall, on conviction thereof, be subject to a fine of 
tw^tify dollars. 



Gaaae Qafc. 



Bait fish. 
JPood flsh. 



Lawful 
manner of 
fishing for 
game flsk. 



Fine. 



Lawful 
manner of 
fishing for 
bait tsk. 



Pi«e. 



152 



GAME, FISH AND FORESTRY LAWS. 



Lawful 
manner of 
fishing for 
food fish. 



Fine. 
Sturgeon. 

Seine. 



Other food 
flsh. 



Close 
son. 



Pines and 
forfeitures. 



Anchored or 
staked net 
prohibited. 



Eel pots and 
fyke nets. 



Tribu- 
tries. 



Section 6. It shall be unlavv'ful to fish for food fish, 
in the Delaware River above Trenton Falls, with 
any device, method, or means excepting- by the fol- 
lowing devices, and under regulations and restric- 
tions hereinafter described; to wit, a seine, an eel 
pot, or a fyke net, each without wings; and rods 
and lines, or hand-lines, otherwise known as dip- 
sey or throw-lines, each havin.sr not more than 
three hooks. Any person who shall use or employ 
any method or device for catching food fish other 
than those named in this section, or shall use or 
employ any device named in this section contrary 
to the regulations or restrictions hereinafter men- 
tioned, shall be subject to a fine of twenty dollars. 

Section 7. It shall be unlawful for any person to 
catch and take, or attempt to catch and take, stur- 
g-eon, from the Delaware River above Trenton 
Falls, with any device excepting a seine, the 
meshes of which shall not be less than thirteen 
inches stre'tched measure whiie being fished; or to 
catch and take, or to attempt to catch and take, 
any other food fish from said waters with a seine 
the meshes of which shall be less than two and one- 
half inches stretched measure while being fished. 
It shall also be unlawful for any person to catch 
and take, or to attempt to catch and take, any 
food fish, except sturgeon, by means of a seine, 
between the tenth day of June, in each and every 
year, and the firsit day of Marcli next ensuing. 
Any person who shall violate any of the provisions 
of this section shall, on conviction thereof, be sub- 
ject to a fine of one hundred ($100) dollars, together 
with a forfeiture of all nets, boats and appliances 
used. 

Section 8. It sliall be unlawful for any person to 
catch and take, or attempt to caitch and take, any 
fish of any kind, from the Delaware River above 
Trenton Falls, with a net of any character, which 
is anchored or staked or fastened down in any 
manner, permanently or otherwise, or to use any 
net so anchored or fastened down, in any manner. 
Nor shall any net of any kind or character, except- 
ing an eel pot, a fyke net, each without wings, be 
used for the purpose of catching and taking fish in 
said waters, within one-half mile above or below 
the mouth of any river, creek or stream emptying 



GAME, FISH AND FORESTRY LAWS. 



153 



into said Delaware River above Tremton Falls. 
Any person who shal] violate any of the provisions 
of this section shall, on conviction thereof, be sub- 
ject to a fine of twenty ($20) dollars, together with 
the forfeiture of nets, boats, and other appliances 
used. 

Seotion 9. It shall be unlawful for any person to 
catch and take, or attempt to catch and take, fish 
of any kind or description from the Delaware River 
above Trenton Falls, by means of a net, or to use 
a net of any character in the waters aforesaid, from 
Saturday at twelve o'clock, noon, until Monday at 
rIx o'clock ante meridian, next ensuing-, in each 
week. Any person violating any of the provisions 
of this section shall, on conviction thereof, be sub- 
ject to a fine of one hundred ($100) dollars, together 
with a forfeiture of all nets, boats, and other ap- 
pliances used. 

Section 10. It shall be lawful to catch food fish, 
with rods and lines, and hand-lines, and trolling- 
lines, as described in section four of this act, at 
any time of the year, in the Delaware River above 
Trenton Falls; but it shall be unlawful to fish for 
and take game fish, excepting from the fifteenth 
day of June to the first day of December, inclusive, 
in each year. Any person violating any of the pro- 
visions of this section shall, on conviction thereof, 
be subject to a fine of ten ($10) dollars for each and 
every fish so taken. 

Section 11. It shall be unlawful to use eel pots 
and fyke nets, each withouit wings, in the Delaware 
River above Trenton Falls, from June first to July 
first in each year, both dates inclusive; but it 
shall be lawful to use eel pots and fyke nets, each 
without wings, from July first to May thirty-first, 
both dates inclusive, in each year, for the purpose 
of catching carp, catfish, eels, and suckers only. 
All other species of fi.sh which may be caught in 
said nets must be returned unharmed immediately 
to the waters from which taken: Provided, That 
the entrance of said eel pot and fyke net shall not 
be more than six inches in diameter, and the out- 
side diameter not more than thirty inches. Any 
person violating any of the provisions of this sec- 
tion shall, on conviction thereof, be subject to a 
fine of twenty ($20) dollars, together with a for- 



Fines and 
forfeiture. 



Sunday fish- 
ing- with 
nets prohi- 
bited. 



Fine and 
forfeiture. 



Food fish; 
open sea- 
son. 



Open season 
for game 
fish. 



Eel pots and 
fyke nets; 
close season. 

Open season 
for carp, 
catfish, eels 
and suckers. 



Fine and 
forfeiture. 



154 



GAME, FISH AND FORESTRY LAWS. 



Length asd 
welgiit of 
tk-ib. that 

may be 
taken. 



PtovIss. 



AUtkoritles. 



Fla«. 



Boats, aaeh- 
or«. and 
dredges. 

UnlawTJl ase 

of. 



Expi«aiy«s 

or potBOTIS. 



feiture of all nets, boats, and other appliances 
used. 

Section 12. It shall be unlawful for any persoia 
to catch and take, or attempt to catch and take, 
from the Delaware River above Trenton Palls, in 
any manner whatsoever, any striped bass, ether- 
wise known as rock fish, weighing more than twen- 
ty pounds, or measuring less than ten inches in 
length; or any sturgeon, less than five feet is 
length; or any black bass, or any smail-mouth 
bass, large-mouth bass, otherwise known as Os- 
wego or yellow bass, less than nine inches in 
length; or any pike or pickerel, or any pike-perch, 
otherwise known as wail-eyed pike or Susquehanna 
salmon, less than twelve inches in leng-th; or any 
calico or stra\vberry bass, crappie, w^hite bass, rock 
bass, other vv'ise known as red-eye or goggle-eye, 
or trout, or charr, less than six inches in length. 
Any fish of a less length than those described, or 
any striped bass, com^monly called rock fish, weigh- 
ing more than twenty pounds, which may be 
caught, must be returned immediately to the 
water: Provided, That nothing in this section 
shall be so construed as to prevent the fishery au- 
thorities of the Commonwealth of Pennsylvania 
or of the State of New Jersey capturing fish of any 
size, from said waters, or at any time of the year. 
or in any manner, for propagating purposes and 
for stocking other waters in their respective States, 
through their authorized representatives. Any per- 
son who shall violate any of the provisions of thi? 
section shall, on conviction thereof, be subjeot to a 
fine of ten dollars for each and every fish so caught 
and had in possession. 

Section 13. It shall be unlawful for any person, 
by boat, anchor, dredge, or otherwise, in the 
Delaware River above Trenton Falls, to wilfully, 
and without reasonable cause, interfere with, 
break, diamage, or destroy any hauling seine, or 
net of any description, being lawfully used. Any 
person violating any of the provisions of this sec- 
tion shall, on conviction thereof, be subject to a 
fine of twenty dollars. 

Section 14. It shall be unlawful for any person 
to put or place in the Delaware River above Tren- 
ton Falls any explosive or poisonous substances 



GAME, FISH AND FORKSTRY LAWS. 



151 



whatsoever, or any drug, or any poison bait, for 
the purpose of catching-, taking, killing, or injur- 
ing the fish, or to allow any dye-stuff, coal or gas 
tar, eoal oil, sawdust, tanbark, cocculus indicus 
(otherwise known as fish berries), lime, vitriol, or 
any of the compounds thereof, refuse from gas- 
houses, oil-tanks or vessels, or any deleterious, 
destructive or poisonous substances of any kind or 
character, to be turned into, or allowed to run, 
now, wash or be emptied into, any of the waters 
aforesaid, unless it is shown that every practi- 
cable means has been used to prevent the pollution 
of waters in question by the escape of deleterious 
substances. In the case of the pollution of waters 
by substances known to be injurious to fishes or to 
fish food, it shall not be necessary to prove that 
such substances have actually caused the death 
of any particular fish. Any person violating any 
of the provisions of this section shall, on convic- 
tion thereof, be subject to a fine of two hundred 
dollars. 

Section 15. It shall be unlawful to purchase, sell, 
or offer for sale, or have in possession, any fresh 
dead game or food fish, except during the lawful 
period for catching the same, and the space of six 
days after such period has expired. Any person 
violating any of the provisions of this section 
shall, on conviction thereof, be subject to a fine of 
ten dollars for each fish. 

Section 16. The Commonwealth of Pennsylvania 
and the State of New Jersey shall have concur- 
rent jurisdiction over all offenses and violations oC 
this act, committed or attempted to be committed 
by any person or persons fishing in the Delaware 
River above Trenton Falls, within the jurisdiction 
respectively of the said Commonwealth of Pennsyl- 
vania and of the State of New Jersey. Any fish 
warden, or any person in either State authorized 
to make arrests for violation of the fish laws, shall 
have power and authority to make arrests in any 
part of the river, or shores thereof, and take such 
person or persons for trial to the State in which the 
offense was committed, and proceed against the 
offender according to the legal procedure for vio- 
lation of the fish laws of said State. If the arrest 
be ma^e upon the shores of the said Delaware 



DeU'tei-ious 
or destruc- 
tive sub- 
stances. 



PoUutiSM of 
waters. 



Fine. 



Unlawful 
sale, offer 
or posses- 



Fine. 



ConcurreBt 
jurisdic- 
tion. 



156 



GAME, FISH AND FORESTRY LAWS. 



Charge. 



Proviso. 



Appeal. 
Bail. 



Cost*. 



River, within this Commonwealth, the said per- 
son or persons shall be taken before any justice of 
the peace, alderman, magistrate, or other leg-ally 
constituted authority in the county in which the 
arrest was made, and thereupon make charge of 
such violation of the law, or any provision thereof; 
and the justice of the peace, alderman, or other 
legally constituted authority, shall forthwith hear 
and determine the guilt or innocence of the person 
or persons so charged, and, if convicted upon such 
charge, shall be sentenced by said justice, alder- 
man, or magistrate, severally, to pay the fine or 
fines, penalty or penalties, provided* in this act for 
such violations, together with the costs of suit; 
said fines to be paid over foi'thwith to the treas- 
urer of the county in which the prosecution was 
broug'ht, and said county treasurer to pay over 
the sum forthwith to the Commissioner of Fisher- 
ies, for the benefit of the Commonwealth: Pro- 
vided, That in case the defendant or defendants 
shall neglect to pay, at once, the fine or fines so 
imposed, said defendant or defendants shall forth- 
with be sentenced to undergo imprisonment, in the 
county jail of the county where such conviction 
takes place, for a period of one day for each dol- 
lar of fine so imposed and unpaid, unless the de- 
fendant or defendants, upon conviction, shall give 
notice of intention to appeal, when such defendant 
or defendants shall be permitted to enter into good 
and sufficient recognizance to appear before such 
justice, alderman, or magistrate, on or before the 
expiration of five days, if such appeal is not taken 
by them, or on the final determination of such 
appeal if it be not sustained, for execution of sen- 
tence: Provided also. That all actions for any 
violation of any of the provisions of this act must 
be taken within one year from the time the offense 
was committed. In case any fish warden, or any 
person authorized to make arrests for violation of 
the fish laws, fails to prove his case, and the 
defendant or defendants are convicted, and are 
sent to jail, in lieu of the payment of fine or fines, 
penalty or penalties, the county in which the case 
is heard shall pay the costs. Such arrests shall 
also be made on Sunday, in which case the person 
or persons shall be taken before the proper officer 



GAME, FISH AND FOKiESTRY LAWS. 1B7 

and proceeded against on a week day following 
the arrest. 

Section 17. Any person or persons who shall by intere- 
threat, menace, or force, or in any manner, at- ference witk 
tempt to deter or prevent any fish warden, or other officers, 
person authorized to make arrests for violation of 
the fish laws, in either State, from enforcing- or 
carrying into effect any provision of this act, or 
who shall resist arrest, or the seizure of boats or 
nets illegally used, shall, on conviction thereof, be Fine. 
subject to a fine ar one liundred dollars. 

Section 18. The following acts and parts of acts j^epeals. 
are intended to be supplied by this act, and the 
same are hereby repealed: also, all acts or parts 
of acts inconsistent with this act, be and the same 
are hereby repealed. 

1. An act for the protection of shad, sturgeon, ^^^ ^.- ^ay 
and game fish in the river Delaware, approved 22. is«9. 
May twenty-second, eighteen hundred and eighty- 
nine. 

2. An aot for the protection of shad and game ^^^ ^^ ;^jay 
fish in the State of Pennsylvania, approved May 22. 1889. 
twenty-second, eighteen hundred and eighty-nine, part of. 

or so much thereof as relates to the Delaware 
River below Trenton Falls. 

3. An aot for the protection of Penobscot salmon ^^^ ^^ ^^^^ 
planted in the river Delaware, and providing pen- ^2, 1901. 
alties for the enforcement thereof, approved May 
twelfth, nineteen hundred and one. 

4. An act for the protection of sturgeon, approved .^^t of -Tune 
June twenty-fifth, eighteen hundred and ninety- 25, 1S95. 
five. 

Section 19. Thiis act shall take effect immediately; when act 
but no section, proviso, or part of this act shall shall go into 
be considered as valid and operative until a similar effect. 
act has been enacted bv the State of New Jersey: 
Provided, That when the said State of New Jersey i ^ovi. . 
has enacted a similar act, the provisions of this 
act relating to the size of the meshes of nets shall 
not become operative until June second, nineteen 
hundred and nine. 

Approved— The 8th day of May. A. D. 1909. 

EDWIN S. STUART. 

An act similar to the foregoing was passed by 
the Legislature of New Jersey and signed by the 
Governor of that State on April 1st, 1909. 



158 GAME, PISH AND FORESTRY LAWS. 



SUMMARY OF lAIPORTANT PROVISIONS OF THE FISH 
LAW RELATING TO FISH AND FISHING IN INI^AND 

WATERS. 



T*i€ Department of Fisheries has nothing- whateyer to do 
with the enforcement of either the Game or the Forestry laws 
of tliis Commonwealth. 

All letters relating- to fish or to fishing in this Commonwealth 
should be addressed to the Department of Fisheries at Harris- 
burg, Penna. 

The following are classified as g-ame fish in inland waters: 
Ohan-, commonly called brook trout; all species of traut and 
of the salmon family; blue pike; perch -pike, otherwise known 
as Susquehanna salmon, or wall-eyed pike; pickerel, western 
pike; muscallonge; small-mouth bass, otherwise called 
black bass; large-mouth bass, otherwise called Oswego, 
green, or yellow bass; crappie, grass, strawberry, or 
oalico bass; white bass; rock bass, otherwise known as red- 
eye, or goggie-eye; and all other species or varieties of fresh 
water fish, called or commonly known as bass, except striped 
bass, or rock fish, and fall fish. The following- are classified 
as bait fish; to wit, All forms of minnows, all forms ©f killi- 
fishes, and stone catfish. That all other species or variety of 
fish, whatsoever, in the waters within this Commeiawealth , 
are hereby classified as food fish. 

Section 1, act May 1, 1909, page 114. 

There shall be no P.shing of any kind, or with any deviee, by 
any person on the first day of the week, comnnonly called 
Sunday. 

Penalty, $20. 
Section 2, act May 1, 1909, page 115. 

Where a person is prosecuted for violating any provi«gi*ns of 
the fish law^ of this State he is to be tried summarily. 

He is entitled to appeal under the provisions of tke Consti- 
tution relating to appeal from summary conviction. 

He has the right to enter into recognizance to either pay 
the penalty imposed, or to certiorari the proceedings or t© 
appeal. 

Section 27, act May 1, 1909, page 133. 

Remember there are two distinct sets of fish laws in opera- 
tion in Pennsylvania, one applying to inland waters and the 
other to boundary waters, Lake Erie and the Delaware River, 
Do not get these laAvs confounded. 



GAME. FISH AND FORESTRY LAWS. 15f 

Remember fish in this F^itate. bait fish excepted, can be taken 
only by methods specifically permitted and that you are liabl© 
to a penalty if j'ou take them in any other way. 

Trout may be taken only with a single rod and line, and but 
one rod and line can be legrally used by one person at one time 
on trout streams of the Commonwealth no matter what kind 
•f fish you may be attempting- to catch. 

A trout stream as described by the law, is "a stream, or that 
part thereof in which trout are commonly fished for an^ 
caugrht." 

Section 28, act May 1, 1909, page 134. 

Other fish classed as g-ame fish may be taken by rod and line 
or hand line without limit in numbers of rods or that may be 
used, during the open season for such fish in the State, ex- 
cepting that the number of appliances known as a tip up used 
for the catching- of pickerel and yellow perch through the ice 
is limited to eight to one person. The use of hand lines appear 
to be limited to one hand line. 

Food fish may be taken at any time, Sundays excepted, 
through the use of rod and line or hand line, without limit in 
the number of rods and lines used; hand lines appear to be 
limited. 

No line, either fastened to a rod or used as a hrind line, shall 
have attached thereto more than three hooks at one time, and 
the liook known as a burr hook containing three points, shall 
be considered as one hook. 

No person fishing with rod and line or with hand line shall 
be liable to a penalty, unless he has caught and retained a 
fish, the catching of which is forbidden at that time. 

The device known as a tip up is permitted for the taking of 
pickerel and yellow perch in season; the number is limited to 
eight to any one person. 

Spears or gigs Avithout regard to size or spread of tine may 
be used for the taking of eels, carp, suckers, and mullets in 
streams other than trout streams, during the months of J^cly, 
August, September and October. 

Outlines or night lines may be used in streams other than 
trout streams from the first day of June to the first day of 
December for the catching of carp, suckers, mullets, catfish 
and eels; dead bait alone can be used, and the number of 
snoods with hook attached that can be legally used by one 
person at one tim« is limited to 100. An outline is a line fest- 
ened at both ends to some weighty or stationary object. 



160 GAME, FISH AND FORESTRY LAWS. 

Bait fish may be taken at any time, Sunday excepted, and 
in any manner excepting through the use of explosives and 
poisons; the use of nets of all kinds is forbidden from Saturday 
noon until 6 o'clock of the Monday morning- next following. 

Brook trout may be legally taken only with a single rod and 
line having attached thereto not more than three hooks, from 
the fifteenth day of April to the thirty-first day of July, both 
days inclusive. 

Lake trout can be legally taken from the fifteenth day of 
June to the first day of December. 

Wall-eyed pike, commonly called Susquehanna salmon, may 
be legally taken from the fifteenth day of June to the thirty- 
first day of December of each year, both days inclusive. 

All other fish classed as game fish, excepting trout and 
salmon, may be legally cauglit from the fifteenth day of June 
to the thirtieth day of November of each year, both days in- 
clusive. 

Section 3, act May 1, 1909, page 116. 

It is unlawful to catch and retain, or to have in possession 
after the same have been caught in any of the waters of this 
Comm.onwealth, any brook trout of a length less than six 
inches. 

Or to catch and retain in any one day more than forty of 
such fish. 

Or to catch and retain or to have in possession after the 
same have been caught in any of the waters of this Common- 
wealth any white bass, rock bass, crappie, strawberry bass 
or calico bass, or any yelloAV perch of a length less than six 
inches. 

Or to catch and retain more than twenty-five of any of these 
kinds of fish in any one day. 

Or to catch and retain, or to have in possession, any black 
bass, or any Oswego or yellow bass, otherwise known as rock 
fish, or any salmon trout of a length less than eight inches. 

Or to catch and retain more than twelve black bass or 
twelve yellow bass in any one day. 

Or to catch and retain any blue pike, pike perch, otherwise 
called Susquehanna salmon, or any pickerel of a length less 
than twelve inches. 

Or to retain more than 25 of either of these kindis of fish 
caught in any one day. 

Or to catch and retain any muscallonge of a length less than 
twenty-four inches. 

Or to retain more than four of these fish caught in any one 
day. 



GAME, FISH AND FORESTRY LAWS. Ul 

Or to catch and retain any sturgeon of a length. le»s tk&n 
Ave feet. 

Section 3, act May 1, 1909, page 116. 

Suckers, carp, cat fish, eels, mullets and sun fish are cla««ed 
as food fish and may be taken at any time of the year (Sun- 
days excepted) , through the use of rod and line or by hjand 
line. 

These fish, excepting the sun fish, may be taken in streams 
other than trout streams, through the use of dip nets and fyke 
nets, without wing walls from the thirtieth day of June of 
any one year until the first day of June next following. Said 
fyke nets are to be of prescribed opening and set not aearer 
than ten feet apart. No limit as to size of net of either kIncL 
Section 4, act May 1, 1909, page 117. 

Sliad, herring and alewife may be legally taken from the 
first da3^ of March to the tenth day of June next following, 
both days inclusive (Sundays excepted), through the use «t. 
seines and nets of prescribed mesh. 

Section 4, act May 1, 1909, page 117. 

Outlines can be used in Avaters not inhabitable by trout froxia 
the first day of June to the thirtieth day of November next 
following, both days inclusive, for the purpose of catcliing 
carp, eels, suckers, mullets and cat fish, only, and cut or dead 
bait alone can be used on such line. 

Outlines are lines having both ends fastened to some welgrhty 
or stationary object. These lines can be legally used only from 
five o'clock of one afternoon to seven o'clock of the next morn- 
ing. Snood with hooks attached must be removed or the hook« 
cleared of bait each day. The line must be so weighted as to 
rest upon the bottom. No individual can have in use on ome 
out line or on any number of out lines more than 100 hook* 
at any one time. 

All other fish than above named caught through the use <yf 
an outline, must be released with as little injury'- as poseible 
and be returned to the waters from wiience they were takea. 

Penalty, $20. 
Section 6, act May 1, 1909, page 118. 

Migration of fish must not be obstructed. 

Penalty, $50. 

Section 7, act May 1, 1909, page 119. 

Pish baskets, with wing walls may be used from four o'clock 
of the afternoon of one day until eight o'clock of the following 
morning (Sundays excepted), from the fifteenth day of Augu«t 

11 



162 



GAME, FISH AND POUESTRY LAWS. 



to the thirtieth day of November next following, both days 
Inclusive, for the catching of eels, suckers, carp and mullets. 

All other kinds of fish taken by this method must be re- 
turned to the waters unharmed. 

Persons intending to operate a device of this kind must first 
secure a license. 

Wing walls must not extend from shore to shore or otherwise 
obstruct entire stream. 

Bottoms must be of wooden slats with edges well rounded. 

Number of license must be painted on sides of basket. 

Operators of such device limited to owner and legitimate 
employes. 

Owner responsible for violations through the use of basket. 
Bottoms must be so adjusted as to make the catching of fish 
impossible during day time. 

Basket must be removed or dismantled within one week after 
close of season. 

Report of catch must be made at request of Commissioner of 
Fisheries, 

Penalty, $25 for each offense. 

Section 8, act May 1, 1909, page 119. 
Fish ways must be placed in dams at request of Commissioner 
of Fisheries. 

Section 9, act May 1, 1909, page 122. 

Water wheels must be screened at request of Commissioner 
of Fisheries. 

Section 10, act May 1, 1909, page 123. 

Persons engaged in the artificial propagation of fish for profit 
must procure a license before beginning to opera/te such plant. 

Persons so licensed may catch fish on such licensed premises 
(except open streams), at any time, without limit, and in any 
manner excepting through the use of explosives and poisons, 
and may sell same either within or without the Commonwealth, 
aft pleasure, under certain restrictions. 
Section 11, act May 1, 1909, page 123. 

Brook trout taken from either private streams, notf covered 
by a license, or from public waters, may not be legally bought 
or sold by any one at any time, either within or without the 
Oommo n w ealt h . 

Penalty, $20 for each offense. 
Section 12, act May 1, 1909, page 125. 



GAME. FISH AND FOPuBSTRY LAWS. 163 

Other fresh dead game fish, caught either within or without 
the Commonwealth, may be bought and sold within the Com- 
monwealth only during the open season for such fish within 
the Commonwealth and for six days thereafter. 

Dead fresh food fish caught within the Commonwealth may 
be bought and sold only during the open season for such fish 
and for six days thereafter. 

Section 13, act May 1, 1909, page 126. 

It is Illegal without permission of some one in authority to 
fish for fish of any kind, or to trespass upon lands used by the 
State for fish propagating purposes. 

Penalty, $100. 
Section 14, act May 1, 1909, page 126. 

Domestic fowls may be killed when found trespassing upon 
waters or lands used by any person for the artificial propaga- 
tion of fish, after notice in writing to the owner of such fowls. 

Wild birds or animals destructive to fish may be killed an 
such waters or lands at any time. 

Section 15, act May 1, 1909, page 127. 

Pollution of streams prohibited. 

It is unlawful to place explosives or poisons in any of the 
waters of this Commonwealth, excepting explosives for engin- 
eering purposes, a permit for the use of which must first be 
secured from the proper authorities. 

Penalty $100. 

Section 16, act May 1, 1909, page 127. 

It is unlawful to introduce into any of the waters of thii 
Commonwealth inhabited by trout, any other carnivorous fish, 
without first securing the consent of the owner of such waters, 
and also the written consent of the Commissioner of Fisheries, 

Penalty, $50. 
Section 17, act May 1, 1909, page 128. 

When acting in his official capacity for the State, either in 
person or through his duly appointed agents, the Commissioner 
of Fisheries has the right to catch fish at any time and in any 
manner except through the use of explosives or poisons. 
Section 18, act May 1, 1909, page 128. 

The Com.missioner of Fisheries can make such distribution of 
fish as to him may seem best. 

First, to the public waters located on Forestry Reserves of 
the State. 

Second, to public institutions for educational purposes. 

Third, to such other waters of the State as may be open t» 
public fishing. 

Section 19, act May 1, 1909, page 128. 



164 GAME, FISH AND FORESTRY LAWS. 

It is unlawful to apply for, or to receive fish from the De- 
partment of Fisheries, for the purpose of stocking private 
waters, not open to public fishing within the State. 
Penalty, $25. 

Section 19, act May 1, 1909, page 128. 
The Commissioner of Fisheries has the power to set aside and 
close to fishermen, for a series of years, any of the small 
streams of the State that may to him seem best suited for 
nursery purposes. 

Section 20, act May 1, 1909, page 129. 
Persons fishing with certain devices must secure a license. 

Section 21, act May 1, 1909, page 130. 
It is unlawful for any person, other than tlie licensee of such 
device or his legitimate empoye, to remove fish from such 
device, except that any person may release and set at liberty 
any fish that might not be legally taken through the use of 
such device. 

Section 22, act May 1, 1909, page 131. 
Where fish warden ifails to convict or defendant goes to jail. 
cO'Sts are to be paid by the county. 

Section 24, act May 1, 1909, page 131. 
Persons interfering with officers of the Department of Fish- 
eries, eitlier by threats, menaces or in any manner attempting 
to deter or hinder them in the performance of their duty, are 
liable to a penalty of .$100. 

Section 25, act May 1, 1909, page 132. 
Prima facie evidence. 

Section 26, act May 1, 1909, page 133. 

Manner of procedure to secure convictions and of appeal. 

Section 27, act May 1, 1909, page 133.^ 
Ail waters of the Commonwealth in which trout are com- 
monly fished for shall be recognized as trout streams. 

Section 28, act May 12, 1909, page 134. 

Wardens are required to return all penalties collected to the 
State. 

Section 27. Page 133. 
Wardens' powers and duties. 

Comimissioner of Fisheries has the right and power to issue 
bulletins. 

Section 31, act May 1, 1909, page 136. 

All boats, nets and other fishing paraphernalia used in viola- 
tion of law forfeited to the State. 

Section 33, act May 1, 1909, page 137. 



GAME, FISH AND FORESTRY LAWS. 166 

Number and size of fish that may be legally taken is fixed by 
Jaw. 
Section 3, act May 1, 1909, page 116, and table on page 170. 
Eel pots of certain size may be used in manner prescribed by 
law. 

Section 4, act May 1, 1909, page 117. 
Dip nets of prescribed mesh may be used for the taking of 
carp, eels, cat fish, and suckers, in w^aters of the Common- 
wealth, not inhabited by trou't. 

Section 4, act May 1, 1909, page 117. 
All fish taken except by means specifically permitted must 
be returned, unharmed, to the waters whence they are taken. 
Penalty $10 for each game fish so taken and retained, with 
forfeiture of all fish appliances used. 

Section 5, act May 1, 1909, page 117. ' 

The provisions of the act of May 1, 1909, do not apply to 
waters forming the boundary line between this State, and any 
other State or Nation. 

See act April 4, 1907, P. L. 50, regulating fishing in Lake Brie. 
The act May 1, 1909, page 140, regulating fishing below Trenton 
Falls, and the act of May 8, 1909, page 149, regulating fishing 
above Trenton Falls. 

It is the duty of all 'peace officers of the Commonwealth, to 
destroy all illegal devices, used in fishing, and to arrest the 
parties operating the same. 

May arrest without warrant where parties are caught in 
the act. 
Arrests may be made on Sunday. 

Section 24, act May 1, 1909, page 131. 
All actions for violation of the fish law must be brought 
within one year, from the date of the commission of the of- 
fense. 

Section 27, act May 1, 1909, page 133. 
Bull frogs and terrapin are now protected for a certain tim©. 

Act April 6, 1903, page 104. 
Under an opinion of the Attorney General, snapping turtle 
is not classed as "terrapin; there is therefore no law controlling' 
the taking of this turtle and it may therefore be caught at any 
time. 



166 GAME, FISH AND FORESTRY LAWS. 



SUMMARY OF IMPORTANT PROVISIONS OF THE B^ISH 
L,AW GOVERNING THE BOUNDARY WATERS OF THE 
STATE. LAKE ERIE. 



The list of g-aime and food fish in these waters is the same 
a« in the State at large, excepting wall eyed pike and blue pike 
and lake trout. 

Section 1, act of April 4, 1907, page 105. 
Manner of taking game fish, in boundary waters, the same 
as in other waters of the State, viz: With rod, hook and line. 
Penalty, $25 with forfeiture of all nets and appliances ille- 
gally used. 

Section 2, act of April 4, 1907, page 105. 
There is nothing in the act regulating fishing in I^-ake Erie 
that prohibits fishing with rod and line or with hand line on 
Sunday. 

It is illegal to catch, either game or food fish, for the pur- 
pose of making compost or fertilizer. 
Penalty, $100 and imprisonment for three months. 

Section 8, act of April 4, 1907, page 107. 
Contamination of streams or waters described in this act 
forbidden. 

Penalty, $100. 

Section 5, act of April 4, 1907, page 107. 
It is illegal to use a net, or seine of any description, within 
two miles of the mouth of any stream, or the enti'ance to 
any bay, named in the first section of this act, or to set a 
gill net or nets, within three-quarters of a mile, of any portion 
of the shore of said waters. 

Nets of no description except gill nets and nets fastened to 
poles can be legally used within seventeen miles of the en- 
trance to any bay described in the first section of this act. 
Penalty. $100 and imprisonment for three months. 

Section 9, of the act of April 4, 1907. Page 108. 
License fee required from any person, or corporation, operat- 
ing a fishery in any of (the waters named in this act. 
Penalty, $100. 

Section 15, act of April 4, 1907, page 111. 
License must be exposed for examination upon demand made 
by proper ofi^cer. 
Penalty, $5. 

Section 16, act of April 4, 1907, page 111. 



GAME, FISH AND FOKEiSTRY DAWS. 167 

Act May 8, 1909. relating to fishing in the Delaware River 
above Trenton Falls. 

Classification of fish the same as in State at large. 

Section 3, act May 8, 1909, page 151. 
Seasons are the same as in State at large. 

Section 10, act May 8, 1909, page 153. 
The catching of ^ame fish is limited to rod and line or hand 
line with nut more than three hooks attached, and the number 
of rods and lines or hand lines is limited to two, rods and lines 
or two hand lines, or one of each, by any person at one time. 
Section 4, act May 8, 1909, page 151. 
The catching of bait fish is limited to methodls specifically 
permitted. 
Penalty, $20. 

Section 5, act May 8, 1909. page 151. 
The catching of food fish is limited to methods speciflcally 
permitted. 
Penalty, $20. 

Sections 6-7, act May 8, 1909, page 152. 

Use of nets prohibited in Delaware River from noon on Sat- 
urday to six o'clock on Monday morning following. 
Section 9, act May 8, 1909, page 153. 

Fishing on Sunday with rod and line or with liand line U 
not forbidden. 
The use of out lines is not permitted. 
The use of fish baskets is not permitted. 

Striped bass or rock fish exceeding twenty pounds in weAghit 
Bot to be taken. 

Length of other fishes that may be legally taken fixed. 

Section 12, act May 8, 1909, page 154. 
Seines or nets not to be wantonly interfered with. 

Section 13, act May 8, 1909, page 154. 
It is unlawful for any person to drift a gill net over the 
waters of a shore fishery while the hauling seine is being used. 
Section 14, act May 8, 1909, page 154. 
Explosives and poisons not to be used. 

Pollution o-f waters prohibited. 

Section 15, act May 8, 1909, page 155. 
States to have concurrent jurisdiction. ^ 

Section 16. act May 8, 1909, page 155. .> 



1*8 GAME, FISH AND FORESTRY LAWS. 

Act May 1. 1909, relating to fishing- in the Delaware River 
below Tren n Falls. 

Provisions the same as below Trenton Falls, excepting those 
relating to the use of nets and seines. 

References in this hook to court decisions upon the subject 
of game, will also apply to fish, page 182. 



GAME, FISH AND FOR.ESTRY LAWS. lit 



CONSTRUCTION OF FISH LAW BY THE DEPARTM.BlfT 
OF FISHERIES. 



You cannot legally spear or gig a fish of any kind except 
carp, suckers, mullets and eels. 

Or use artificial bait with more than three hooks. 

Or bowline with more than three hooks, except in. ^the D^IH" 
ware river. 

Or use a cast or throw net. 

Or detached floats or floating- trotters or a gill net In In- 
terior waters. 

Or use explosives or poisons or lime for the purpose of kill- 
Ing- fish. 

Or outlines or set lines or fish baskets in the Delaware riveff. 

Or obstruct the migration of fish. 

Or use pound nets except in Lake Brie. 

Or shoot fish with a g-un, a bow and arrow or by any other 
means. 

Or snare or loop fish. 

Or use a stir net. 

Or a trap net except in Lake Erie. 

Or shingle a stream or use any method whereby migratli?^ 
fish axe prevented from following their regular coursse up 
stream. 

No fish excepting bait fish in Pennsylvania waters can ba 
legally taken by any method not specifically permitted. 

Special attention is also called to the fact that under tke 
opinion of the Attorney General and the rulings of sevem.! 
courts of the State, the taking of fish of all kinds is limited to 
the methods specifically permitted by the law. The use of all 
methods for taking fish not named in the several acts upen 
this subject are therefore forbidden. 

This provision covers the draining of dams or ponds for tlh« 
purpose of catching fish. 

The catching of fish with ones hands or in any other manner 
excepting through the use of methods specifically named. 

Special attention of fishermen is called to the treBpas* law 
found on page 24. 

Attention is also called to the provisions regarding flshing in 
streams other than strictly public waters, as found In Section 
19 of the act of May 1st, 1909, page 128. 



170 



GAME, PISH AND FORESTRY LAWS. 



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(172) 



Index to Fish Lavv/s. 



A. 

Page. 

Actions, time limitation, 134 

Alewile 117, llg 

Alderman, 123, 156 

Anchored, nets not to be, at both ends, 114,152 

Apparatus, forfeiture of, fishing, 97,131,132,137 

Appeal, right of 9S,i:M,15€ 

Application of fines and penalties, 122,123 

to maintain a propagating plant 12A 

Appointment of Commissioner of Fisheries. 101,102 

Fish wardens, 134 

Special Fish Wardens, 100,136 

Artificial propagation of fish bv individuals 123,124 

Arrest, . . . .• !,7, 112, 133, 148, 155 

resisting or interfering with 97,148,157 

/on Sunday, 132,156 

warrant for 133 

without warrant, • 132,156 

for offenses committed on Delav/are River 122.140,149,154 

Associations, suggestions on 252 

B. 

Bail 134 

Bait, cut or dead 118 

Bait fish 97,105,114,115,142, 151 

in Delaware River 143 

Bass, black :)7, 105, 109, 114, 116, 142. 146, 151, 154 

grass 114 

green 114 

large-mouth 114.116. 142.146,151,154 

rock, or red-eye, 97,1^15.114.116,142.146,151,154 

small-mouth. 114, 116, 142, 146. 151,154 

white 114,116,142, 146. 151 , 154 

striped, 114 . 116, 146, 154 

yellow, or Oswego, or green 105.109.114.116,142.146.151,154 

calico, or straAvberry, 105,114.116.142,146.151,154 

in Delaware River 142,146.151.154 

Battery, use of, prohibited . 107, 127 

Blue pike, 114.116 

Boat forfeited to Commissioner of Fisheries, 97.131,132,137,148 



(173) 



174 INDEX. 

Paga 

Boundary wateii^, 105 

length of fish in, 10t>.107,10s 

Brook trout 114,151,154 

Bulletins may be issued by Deijaitment ol' Fisheries 136 

Bull frogs, 104 

Burr hook 115, 143, 151 



Calico or strawberry bass 105,114,116,142,140,151,154 

Carnivorous fish, planting of, in trout streams prohibited 128 

Carp lOti, lOy, 117, US, 121, 144,145, 153 

':!ast net, 95, 97, 106, lOS, 109, 117. 130, 143,144, 146 

Cat-fish 117, 118, 145,153 

stone ; bait fish, 114, 142, loi 

Certificate for the transportation of trout 124 

for the taking of eels in a certain manner 120 

for propagating purposes 124 

of fish sold 125 

Charr. or brook trout 114,115,116,125,128,134.142.146,151,154 

Chutes and fishways 120,122,123 

Classification of fish 105,114 

Close season defined, 119 

in Delaware River 141,152,153 

Coal oil prohibited 107,127,147.155 

Commissioner of Fisheries, appointment of. 102 

duties and powers of, 102,103,122,123,125,128,129,131 

Commitment to jail, see "penalty." 

Compensation to fish wardens 135, 136 

Compest., Fish for, 107,108 

Concealment of fish, 135 

Confiscation of fish and appliances 97,131,132,137 

Constables ex-ofRcio fish wardens 133 

powers and duties of, 133 

Construction of eel baskets 115, 117 

Contrivances forbidden in fishing 112,143,144 

Contamination of waters 99,107,126,127,155 

Convictions before justice, 98,112,132,133,156 

summary, 112, 113, 132, 133, 156 

Costs, county to pay in certain cases 98,99.112,132,156 

Court decisions 1S2 

Crappie, grass, strawberry, or calico bass. 105,114.116.142.146,151,154 

Cut or dead liait, 118 



Dams 120, 122 

gates or fishways in. 120,122,123 

Dead or cut bait 118 

Decisions pertaining to fish, 182 

Defiling waters prohibited 99,107,126,127,1.56 

Delaware River general act relating to 95 

above Trenton Falls 122,149,154 

below Trenton Falls 140 

Department of Fisheries 97, 101 

DestructioD of illegal Ashing appliances 96 



INDEX. 175 

Devices, illegal 112, Itt 144 

legal 112,115,143!l51 

Dip nets, 9:,, 115, 117, 1«, Ul 

Dipsey lines in Delaware River 143,151,152 

Disposition of fish, 13fi 

Distances net can be used 108.117.120,144,152 

Domestic fowls, trespassing, may be killed alter notice, 13f7 

Drawing- off water to catch fish Ut 

Drift net 144 

in Delaware River X 

Duty of Commis^;ioner of Fisheries 119 

Duty of Fish wardens lit 

on Delaware River 148, 15S 

Duty of justices :>2, 11 2. 132,113,156 

Dynamite, 107 

E. 

Eels, 117.118,120,121,145,153 

Eelpcts, baskets, nets, or lacks, 115,117 

in Delaware River ^6, 143, 145,152,153 

Educational purposes, fish may be kept for 128 

Electricity, fishing with 107,127 

Evidence to be heard by justice. 9S,112,132,1S»,15« 

prima facie, violation of fish laws 107,115,113 

Explosives or poisons 107,115,124,127,147,154,155 

for engineering purposes may be used 107,127 



Fall-fish, 114 

Fertilizer, fish for 107,108 

Fines, distribution of 1X3 

disposition of, 98,15« 

Fish, open season for food 114,115,118,151 

basket, construction of 120 

basket legal under certain conditions 115,119,120,121,110 

illegal in Delaware River W 

owner responsible Ill, 121, 1*0 

license for, 111. 120, 121, 130 

Fish, classification of, 1C«,114 

free distribution of, provided for. 128 

fry 128, 129 

illegally taken must be returned to water 145,151,154 

catching for special purposes, 108 

other than game or food 97,105,114,115,142,151 

food and game may be sold during open season and for six days 

thereafter 124,166 

length of 116,14«,154 

Fish Commissioners, powers of, 102,101,114 

wardens, duties and powers cf, 148,155 

disposition of, and appliances used, when seized 97.131,132,137 

time may be had in possession after close of season, 126.147,165 

corporations may have special police 100,1X5 

Fishing with nets above Trenton Falls 152,153 

in State at large. g.'^. 97. 106.108,109, 117,130,117 

for scientific purposes permitted. 106,128 

certain methods prohibited 10<S,12€ 



17? INDEX. 

Page. 

FiaherletJ Department, 102 

CommJsslon, 102 

FisklnK on Sunday prohibited 144, 153 

resrtilated in State 96.115,117,118,144,153 

r«gTilated in boundary waters 105 

Tlahwaya, 120, 122,123 

no fiahlnir within four hundred feet 119 

no fishing within one hundred feet of, with rods and lines 119 

yood fish "... 114 , 115, 118, 151 

llceiiBG to take 111,120,121,130 

sale of for compost prohibited 102,108 

In Delaware River 142,143.144,145,152,153 

Forfftihire of fish and fishing appliances 95,106,109 

boats, used in violating law. ;<7, 131, 132, 137, 148 

Vtosk, open season for, 104 

Fit, trout, preference to State, 128 

yrk« nets, 95,96,115.117,143,145,152,153 

G. 

Qasat fl«h general acts of Assembly 106,114 

in D>elav7are River 97,142,151 

open season for 116 

in Inland waters 114 

Hifcnner of catching, 115 

aummary of law, 182,189 

methods specifically mentioned 115 

3»w, not to apply in certain cases 115 

*a«.s tar prohibited 107 

Q-JiSr or fpear 115 

GUll nets 95, 96,108, 109, 143, 144 

(Sraea he^%, 114 

iSoid«, employment of 126 

H. 

M«Jid line. 105,109,115,143,145,151,152,153 

Herring, 117 , 118 

Hook and line 97, 105, 109, 115. 117,119, 14?!, 145, 151, 152,153 

iDook« 105, 106, 118. 143, 151, 152 

■aumber, 115 

I. 

Ion. nMhtm through. 115,137,145,151,152 

Illegal contrivances prohibited 115,137,145,151,152 

d«vlc®s to be destroyed or sold. 97,131,132,137 

forfeited. 148 

Imprlionnient Imposed. See Penalties. 

lttt«rlerlng with officers 97,148,157 

J. 

^lnt-r©solutlon to cooperate with New Jersey, New York and Dela- 
ware, 140, 149 

of New Jersey to cooperate with Pennsylvania, 148 

gitlitlc© of the peace, 98,112.132.133,156 



INDEX. 177 

K. 

Page. 
105 , 114, 142, 151 



Lake Erie, or green gass 114 

herring 105 

trout. 116 

Lakes, boundary, protection of fish in, 105 

Landing net, may be used 115 

Law, decisions of courts 182 

Laws relating to fish in the State at large 114 

in the Delaware River. ; 93.140,149 

in i^ake Erie and boundary waters 'l05 

Laws repealed, 137,138,139.140,148,157 

X/egal devices, 112, 115, 143, 151 

Length of fish taken Delaware River 146,154 

in internal waters 116 

in boundarj'- lakes 100,107,108 

License to fish for food fish 111.120,121,130 

License, right of State to impose, 190 

for fishing in Lake Erie, 109,110 

for catching eels 115,117 

for fish baskets. 115, 117 

fees, disposition of, 111,130 

Licensed device 124,130 

Lime, use of in fishing, prohibited, 127.147,155 

Limitation of time in prosecution 134.156 



M. 

Magistrate, duties of 98,112,132,133.156 

Mamoose or young sturgeon 108 

Measurement of fish, 116 

Meshes, size nf in seines or nets 109.117.118.144.145,152 

Metallic tag or fyke nets, 117 

Methods of fishinq- permitted 115,143,144,151,152 

Methods not specifica.llv permitted illegal 169 

Minnows, bait fish. '. 105,114,142,151 

Migr-ation of fish, obstructing 122. 124 

Mullets, 115. 117, lis, 121 

Muscallonge, 105, 114, 116 



N. 

Names on nets 117 

Nets, 95, 97, 106. lOS, 109. 117. 130, 137, 143, 144, 146 

fo/-bidden in Delaware River. 144,152 

Nitro-glycerine. use of prohibited 107 

Notice, trespass 126.129 

Number of trout in one day 116 

bass in one day. Lake Erie 109 

Nursery streams 12t 



12 



178 INDEX. 



Page. 

Obsliucting fish waj s Uy 

migration of flsh 117.119,126 

Office nf the Fish Comniitision, 103 

Commissioner of Fisheries 102 

Officers refusing or neglecting to do duty 132 

interfering with, 97, 132, 148 

resisting or refusing to assist ^ 133 

Open season for tish 104, 115, li(i, 117,118.119. 12<.|. 144,145,153 

Organization, suggestions Ua- 252 

Outlines .* 115, 118, 119 

Ownership and coiitrol of fish 182 



Paraphernalia 112, 115,143,144. 151 

Penalties for violation of laws, 95,96,97,98,99,104.106,107,108,109,110,111,115,116, 
117, lis, 119, 121, 122, 123. 125, 126, 127, 130, 131, i32, l;j3, 137, 143, 144, 145, 146, 147,151, 152, 
153,155,156,157. 

Perch 116, 142, l.M 

Pickerel, 114, 115, 116,142, 146, 151, 154 

Pike, blue, 114, 116 

grass, 105 

perch 114, 116, 142, 146. 151 , 154 

wall-eyed, or Susquehanna salmon. 97,116.142.146,151,154 

western 114,116 

Planting lish 128 

Poison, fishing with, forbidden 127 

Poisons and acids from lanyards, to be kept out of streams. 99,107,126.127,155 

Poisonous substances in streams prohibited 107,115.124,127,147,155 

Police, special, 100 

powers and duties of lOO 

Pollution of waters prohibited, 99. 107, 12v;, 127,155 

Possession of fish, prima facie evidence 107,133 

Pound net, 109 

Powers of Commissioner of Fisheries 102,103,122,123.125,128,129,131 

of fish wardens, 102,130,135.148,155 

Preference of State in distributing fry 128 

Prima facie evidence 107.115,133 

Private streams, 124, 130 

Private right of fishing in Delaware River below Trenton Falls, — 140 

Proceedings on arrest made 98,112,132,133,156 

Procedure in trial for violation of law, 98.112,132,133,156 

Property seized, disposition offish, 135 

Propagating streams may be set aside and closed 129 

purposes, fish for, 146,154 

Propagation of fish, artificial, by individuals 100.101.102 

Public fishing, waters open to 129 

Purchase or sale of certain fish prohibited 147 

Q. 

Quick lime, use of in fishing prohibited 107 



INDEX. ivy 

R. 

Page. 

Recognizance, ir,6 

Record of justice should show 6S 

Record costs, liability for 98,99,112,132,156 

Refuse from gas houses, etc, not to enter streams 99,127.147,155 

Removal of fish from licensed device by third persons, prohibited, ... 110,131 

Report of Commissioner of Fisheries, 136 

Repeal of fish laws 137.138,139,140,148,157 

Resisting arrest 148, 157 

Right of State to protect its fish 183,184.185,186,187 

Rock bass, 96.114 

fish, or striped bass, 116,146 

open season for 97, 170 

S. 

Sale of certain fish prohibited, 107,125,129,155 

of certain fish permitted, 124,125,126 

Susquehanna or walleyed pike 97,114,116 

Saturday-night, fishing with seines unlawful 95,115,117,130,143,144,152 

Sawdust in streams prohibited 107, 127, 147,155 

Screens to prevent destruction of fish 123 

Search for fish, by officer without warrant 135 

Search warrant, 133 

Seasons for game fish '. 116,170 

closed and open 116,119,170 

Seines. y5. 115, 117. 130. 143,144, 152 

in Delaware River not to be broken 151,147 

Seizure, right of 148 

Sentence by justice 98. Ill', 132,133, 156 

Shad 95. 117,118 

Shingle stream 169 

Size and number of fish legally taken, 97,106,116 

in Delaware River 146,l.i4 

Snaring fish, illegal, 16;t 

Spear or gig 106,109,115 

Speckled trout, open season for 116,170 

wild, not to be bought or sold, 125,126 

not to be caught for wages or hire 126 

size and number to be taken 116 

propagated in captivity, may be sold in certain cases, 126 

Spoon hook 110, 143, 151 

Statistics of fish shall be furnished 121.124.125.128,136,137 

Stocked waters to be free 128,129 

Stocking of waters with fish 12S 

Streams for propagation may be set aside and closed 129 

other than trout streams 118.119,120,134 

on State lands, preference for in distributing fry. 128 

may be temporarily closed, 129 

States of Pennsylvania and New Jersey to have concurrent jurisdic- 
tion over Delaware River 140,141,142.147,149,155 

Striped bass or rock fish 114,116,146,154 

Sturgeon 108, 116, 118,144, 146, 152, 154 

open season for, 152 

Suckers 106, 110. 115 , 117, 118, 121, 145, 153 

Suggestions for organization 252 

Suits, costs of, where chargeable. 98,99,112.132,156 

Summary com^'ictlons 112, 113. 132.138,156 



m INDEX. 

Page. 

Summary of fish laws 182,189 

Sunday, no fishing on 96,115,117.118,144,153 

arrest may be made on 112,132 

Sunfish, not protected, 114, HE 

Susquehanna salmon 142. 146, 151,154 

T. 

Table of size season, etc., of game fish, 170 

Tag to fyke nets and outlines 117,119 

Tanks, 107 

Terrapn, 104 

Terms of Fish Commissioners, 102 

Threatning officers, 6 132 

Three hooks 105, lOfi, 118, 143, 151. 152 

Time limit of actions, 134, 136 

fish may be held after close of season 126,147,155 

Tip-ups 115 

Torpedo, use of prohibited, in fishing. 107 

Transportation of fish permitted, 124 

Trenton Falls, fishing above, 95 

fishing below 95 

Trespassing on waters operated by Fish Commission 126 

on waters of private individuals, 129 

on private grounds posted 24 

Trial 98, 112, 132, 133, 156 

Trolling line 106,110, 143, 145, 151,153 

Trout, brook or speckled, 115,116,119,125,126.128,131,142.146,151,154 

fry, preference, ■ 128 

streams 120 

how defined 134 

lake 109, 116 

Turtle snapping 104 

U. 

Unlawful to procure fish fry for private purposes 129 



Vats, contents of 99,107,115,124,126.127,147.155 

Vitriol , 127 , 147. 155 

W. 

Wall-eyed pike or Susquehanna salmon 142,146,154 

Walls, wing, 96, 117, 120. 121, 143, 145, 152 

fish, duties and powers of 102,130,135,148,155 

compensation of, 135 

special, 100. 136 

Warrants of arrest and search. 133 

for trespass, 126,129 

Waters for public fishing, 129 

not inhabited by trout, 118,119,120 

in which fishing may be prohibited = 131 

on State land, preference of in distributing fry. 128 

drawing off to catch fish 169 

boundary 105 

inhabited by shad 95,117,118 



INDEX. 181 

Page. 

Water wheels must be screened for protection of fish .o« H? 

Wing walls, legal, ak'^^'^'M^^^A^ 

illegal, 96,117, 143, 14o. idZ 

T. 

Yellow bass, 105.109,114,116.146,151.154 

Yellow perch, Il3.11b,142 

Young sturgeon or mamoose 108,116, 118, 144, 14§, 152.154 



182 GAME, FISH AND FORESTRY LAWS. 



LEADING DECISIONS PERTATNINd TO (iAME 
AND FISH. 



OWNERSHIP AND CONTROL. 

1. In the classification of property, there are some things, 
which from their nature are incapable of absolute ownership, 
and among- these are light and air, and game and fish. 

2. Bouvier 781. 

2. It is probable that the right to take game and fish was a 
natural right, wholly unrestrained originally by law. 

As the population of the earth increased, it apparently be- 
came necessary for the purpose of insuring the perpetuity of 
these things, to abridge or restrict by law this natural right. 
At what period or by what process this change was broughit 
about does not seem perfectly clear, although the fact remains 
that this change was wrought, and that in all civilized nations 
of the world to-day the taking of game and fish is considered 
a boon or privilege and not an inherent right. In America 
g'ame and fish are considered to belong to the State, not as a 
proprietor, but in its sovereign capacity, as the representative 
and for the benefit of all the people. 

Ex parte Maier, 37 Pac. 402. 

Phelps V. Racey, 60 N. Y. 10. 

3. "Wild game of a State belongs to the people, in their col- 
lectiye sovereign capacity, and is not the subject of private 
ownership, except in so far as the people may elect to make 
it so, and they may if they see fit, absolutely prohibit the 
killing- of it, or traffic or commence in it. That its taking, pos- 
session and the disposition thereof is the ubject Of legisla- 
tive enacitment." 

Geer v. Connecticut, 161 U. S. .519. 

Martin v. Waddell, 16, Pet. 410. 

Ex parte Maier, 103 Cal. 476; 37 Pac. 402. 

4. "Game in preserves and fish in private waters are still 
under the control of the Legislature." 

People V. Doxtater, 75 Hun. 472. 

5. "Wild game caught or killed contrary to law, remains the 
property of the State." 

Thomas v. N. P. Express Co., 73 Minn. 18.5. 



GAME. FISH AND FORESTRY LAWS. 183 

6. "The right of a state is maintained to adopt any reasonable 
reg-iilation, not only as to the time and manner of taking- game, 
but also imposing- limitations, upon the rig-ht of property in 
such g-ame after it has been taken, because he who takes or 
kills g-ame, has no absolute property in such g-ame and takes 
it subject to all the provisions of the law authorizing its 
taking." 

Geer v. Connecticut, 161 U. S. 519, and many citations. 

Ward V. Race Horse, 163 U. S. 504. 
~ 7. "And the fact that game has been killed does not change 
the relation of the law making power to it, but it is still subject 
to control." 

Merritt v. People, 169 111. 218. 

8. "The measures best ada.pted to the preservation and pro- 
tection of game are for the Legislature to determine, and 
courts cannot review its discretion." 

Phelps V. Racey, 60 N. Y. 10. 

POLICE POWER. 

9. "The right to preserve game flows from the undoubted 
existence of a police power to that end, which may be none the 
less efficiently called into play, because by so doing, inter- 
state commerce may be remotely or indirectly affected." 

Geer v. Connecticut, 161 U. S. 519. 
Hall V. DeCuir. 95 U. S. 485. 
Sherlock v. Ailing, 93 U. S. 99-103. 

People V. Silz, Supreme Court Reporter Dec. 1908-10-219, U. 
S. 31. 

10. "Laws and ordinances relating to the comfort, health, con- 
venience, good order and general welfare of the inhabitants 
are comprehensively styled 'police laws and regulations.' It 
is well settled that laws and regulations of this character, 
though they may disturb the enjoyment of individual rights 
are not unconstitutional, although no provision is made for 
compensation for such disturbance. They do not aippropriate 
private property for public use, but simply regulate its use and 
enjoyment by the owner, etc." 

Dillon on Municipal Corporations, Sec. 141. 

11. "Indeed the police power as to game birds, flows fram the 
duty of the State to preserve for its people a valuable food 
supply." 

Phelps v. Racey, 60 N. Y. 10. 
Ex parte Maier. 103 Cal. 467; 37 Pac. 402. 
Magner v. People, 97 111. 320. 
McCready v. Virginia, 94 U. S. 395. 
Smith v. Maryland, 18 How 71. 



184 GAME. FISH AND FORESTRY LAWS. 

12. "The power of a State to protect by adequate police reg- 
ulation, the people against the adulteration of articles of food, 
although in so doing- commerce may be remotely affected] 
necessarily carries with it, the existence of a like power to 
preserve a food supply, which belongs in comimon to all the 
people of the State, which can only become the subject of 
ownership in a qualified way and which can never be the sub- 
ject of commerce, except with the consent of the State, and 
subject to the conditions, which it may deem best to impose 
for the public good." 

I>awton V. Steele, 152 U. S. 133. 
People V. West, 106 N. Y. 293. 
People V. O'Neill, 110 Mich. 324. 
L'Hote V. New Orleans, 177 U. S. 597. 

Oomth. V. Thos. W. McComb, No. 148, Oct. T., 1908, Suip, 
Court, Penna. 

13. "Aside from the autliority of the State derived from the 
common ownership of game, and the trust for the benefit of its 
people, which the State exercises in relation thereto, there is 
another view of the power of the State in regard to the property 
in game, which is equally conducive. The right to preserve 
game flows from the undisputed existence in the State of a 
police power to that end, which may be none the less efficiently 
called into play because by so doing inter-state commerce may 
be remotely and indirectly affected." 

Kidd V. Pearson, 128 U. S. 1. 

Hall V. DeCuir, 95 U. S. 485. 

Sherlock v. Ailing, 93 U. S., page 99 and 103. 

Gibbons v. Ogden, 9 Wheaton 1. 

14. Indeed the source of the police power as to game bird» 
(like those covered by the statute here called in question) flows 
from the duty of the State to preserve for its people a valuable 
food supply. 

Phelps v. Racey, 60 N. Y. 10. 

Ex parte Maier, ubi sup. 

Wagner v. The People, ubi sup, and the cases there cited. 

15. The exercise by the State of such power, therefore, comes 
directly within the principle of Plumley v. Massachusetts, 155 
U. S. 461 and 473. 

16. The power of the State to protect by adequate police regu- 
lation its people against the adulteration of articles of food 
(which in this was maintained) although in so doing commerce 
might be remotely affected, necessarily carries with it the 
exercLse of a like power to preserve a food supply, which 



GAME, FISH AND FORiESTRY LAWS. 185 

belongs in common to all people of the State, which can only 
become the subject of ownership in a qualified way, and which 
can never be the object of commerce, except with tlie consent 
of the State, and subject to the conditions which it may deem 
best to impose for the public good." 

The people of New York v. August Silz, Supreme Court Re- 
porter for Dec. 1908. p. 10, 219 U. S. 31. 
Comth. V. Thos. W. McComb, No. 148, Oct. T., 1908, Sup, 
Court, Penna. 

17. "In order to protect local g-ame during the close season it 
h&s been found expedient to make possession, of all such game, 
during that time whether taken within or without the State, a 
misdemeanor. In other states of the Union such laws have 
been deemed essential, and have been sustained by the courts." 

Roth V. State, 51 Ohio 209. 
Am. St. Rep. 566, 37 N. E. 259. 
Stevens v. State, 89 Md. 669. 
43 Atl. 929. 
Magner v. People, 97 111. 320. 

18. "It has been provided that the possession of certain kinds 
of game during the close season shall be prohibited, owing to 
the possibility that dealers in game may sell birds of the domes- 
tic kind, under the claim, that they were taken in another 
gtate or country. The object of such laws is not to affect the 
legality of the taking of game in other states, but to protect 
the local game, in the interest of the food supply of the people 
of tlie state. We cannot say that such purpose, frequently 
recognized and acted upon, is an abuse of the police power of 
the state and as such, to be declared void because contrary to 
the Fourteenth Amendiment to the Constitution." 

"That a state m.ay not pass laws directly regulating foreig'n 
or inter-state commerce has frequently been held in the de- 
cision of this court; but, while this is true, it has also been held 
In repeated instances, that laws passed by the states in the 
exertion of their police power, not in conflict with the law^s of 
Congress upon the same subject, and indirectly or remotely 
affecting inter-state commerce are nevertheless valid law. 
Mo. K. & T. R. Co. V. Haber, 191 U. S. 477. 
Ashell V. Kansas, 209 U. S. 251. 

"And it may be said generally that the legislation of a state 
not directly against commerce or any of its regulations, but 
relating to the rights, duties and liabilities of citizens, and 
only indirectly and remotely affecting the operations of com- 
merce is of obligatory force upon citizens within its territorial 



186 GAME, FISH AND FORESTRY LAWS. 

jurisdiction, whether on land or water, or engaged in com- 
merce, foreig-n or inter-state or in any other pursuit." 

Reported in case of People v. Silz, Supreme Court Repor- 
ter, December 1908, page 12, 209 U. S. 31. 

19. "The extent and limitation of what is known as the police 
power, has been a fruitful subject of discussion in the appel- 
lant courts of nearly every state of the Union. It is uni- 
versally conceded to include everything essential to the public 
safety, health and morals and to justify the destruction or 
abatement by summary proceedings of whatever nnay be re- 
garded as a public nuisance, and wherever the public interest 
demands it a large discretion is necessarily vested in the legis- 
lature to determine not only what the interes'ts and the public 
require, but what measures are necessary for the protection 
of such interests." 

Barbire v. Connelly, 113 U. S. 27. 
Comith. V. McComb, No. 148 Oct. T. 1908. 
Decision Superior Court of Penna. May 10, 1909. 

20. "The duty of preserving the fish and game of a state from 
extinction or prohibiting exhaustive methods of taking it, or 
the use of destructive instruments as are likely to result in the 
extermination of the young as well as the mature, is as clear 
as its power to secure to its citizens, as far as possible, a 
supply of other wholesome food." 

Lauten v. Steele, 152 U. S. 133. 

Oomth. V. McComb, No. 148 Oct. T. 1908. 

Superior Court of Penna. decision May 10, 1909. 

21. "The test as to whether the police power is validly exer- 
cised, is Avhether the enactment has relation to the public 
welfare, as it has been deemed of sufficient importance to 
justify the Legislature of practically all the states to enact 
laws for the protection and preservation of g-ame, and we have 
seen no case which challenges this as a legislative right, 
clearly within the exercise of the police power." 

Comth. V McComb, 148 Oct. T. 1908. 

Superior Court of Penna,, decision May 10, 1909. 

22. Daws enacted for the purpose of regulating the time and 
appliances for catching fish, are a proper exercise of the police 
power of a state; and, although they may, under certain cir- 
cumstances, prevent a man from fishing in a stream running 
through his own land, they do not necessarily amount to taking 
private property for public use without compensation. 

Comth. V. Bender, 7 Pa. C. C. 620. 

Oomth. V. McComb. No. 148 Oct. T. 1909, Sup. Court, Pa. 



GAME. FISH AND FORESTRY LAWS. 187 

23. "The weight of authority seems to favor the validity ©f 
laws prohibiting- the possession of game during the closed 
season," 

Ex parte Maier, 103 Cal, 476. 
Merritt v. People, 169 111. 218. 
State V. Farrell, 23 Mo. App. 176. 
Phelps V. Racey, 60 N. Y. 10. 
Roth V. State, 51 Ohio, 209. 
Jarvis v. U. S., 11 App. D. C. 345. 

24. "The effect of these decisions is, that such possession is 
unlawful even though applied to game lawfully captured within 
the State during the open season, and to game lawfully cap- 
tured outside of the State and lawfully brought within the 
State (provided the law of the State prohibits the possession 
of such game) on tlie theory that such laws are necessary for 
the protection of game, or as suggested by the late Chief 
Justice Coleridge, that the object is to prevent British wild 
fowl from being improperly killed and sold, under pretense »f 
being imported from abroad." 

Whitehead v. Smithers, 2 C. P. D. 553. 

People V. Silz, Supreme Court Reporter Dec, 190S. p. 12, 2^9 
U. S. 31. 

DUE PROCESS OF LAW. 

25. "No person shall be deprived of his life, liberty or pro-perty^ 
without due process of law." 

Constitution of the United States, 5th and 14th amend- 
ments. 

26. "This clause of the Constitution only applies to sue* 
rights as are in their nature fundamental, which belong of right 
to citizens of all free governments." 

Carfleld v. Coryell, 4 Wash. D. C, 380. 
Scott V. Sanford, 60 U. S: 393. 

27. "It is true that under the fourteenth amendment, ho 
State can deprive a person of life, liberty or property, without 
due process of law. But in determining what is due process of 
law, we are bound to consider the nature of the prcuperty. the 
necessity for the sacrifice and the extent to which is has here- 
tofore been regarded as within police power. So far as 
property is inoffensive or harmless, it can only be destroyed 
by legal proceedings with due notice to the owner; but so far 
as it is dangerous to the safety or health of the community, 
due process of law may authorize its summary destruction." 

Sentell v. R. R., 106 U. S. 698. 



1$$ GAME, FISH AND FORESTRY LAWS. 

28. "The emergency may be such as not to admit of the delay 
essential to judicial inquiry and consideration, or the subject 
of such action and process may be of such a nature, or the 
conditions and circumstances in which the act must 'be per- 
formed to effect the protection and give effect to the law, may 
be such as to render judicial consideration impraoticable!" 

Jenkins v. Ballentine, 8 Utah 245; 30 Pac. 760. 

29. "In a case involving- the validity of a statute of the State 
«f New York, authorizing- the summary destruction of nets, 
used in illegal fishing, it was held, 'that the police power is 
universally conceded to include everything essential to the 
public safety, health, and morals, and to justify the destruc- 
tion or abatement by summary proceedings of whatever may 
be regarded as a public nuisance.' " 

Smith V, Maryland, 18 How 71. 
McCready v. Virginia, 4 Otto. 391. 
Lawton v. Steele, 152 U. S. 133. 
People V. West, 106 N. Y. 293. 
People v. O'Neill, 110 Mich. 324. 
L'Hote V. New Orleans, 177 U. S. 597. 
Holyoke Water Co. v. Lyman, 15 Wall 500. 

LEGAL STATUS OF DOGS. 

39. "Dogs have been considered under the law as belong- 
ing to a class, as it were between animals ferae natura, in 
which until killed or subdued, there is no property, and 
domestic animals, in which the right of property is perfect. 
They are not considered as being upon the same plane as 
horses, cattle and sheep, and other domestic animals, but 
rather in the category of cats, monkeys, parrots and similar 
animals kept for pleasure, etc. Acting then upon the principle 
that there is but a qualified property in them and that while 
private interests require that the valuable one shall be pro- 
tected, public interests demand that the worthless shall be 
exterminated and they have from time immemorial been con- 
sidered as holding their lives at the will of the Legislature, and 
properly falling within the police power of the several states. 
Laws for the protection of domestic animals are regarded as 
having but a limited application to dogs or cats." 
Santell v. R. R., 16 U. S. 698. 

31. "The court held that even if they were to be regarded as 
property in the fullest sense of the word, they would still be 
subject to the police power and might be destroyed or other- 
wise dealt with, as in the judgment of the Legislature ap- 



GAME, FISH AND FORESTRY LAWS. 189 

peared necessary for the protection of its citizens; that it was 
purely within the discretion of the Legislature to say liow far 
dogs shall be recognized as property and under what restric- 
tions they shall be permitted to roam the streets." 

COMMERCE IN GAME. 

32. "It was also held that a State might absolutely prohibit 
the manufacture within its limits of liquors and could prohibit 
the sale therein of liquors so manufactured." 

Mugler V. Kansas, 123 U. S. 623. 
Kidd V. Pearson, 128 U. S. 1. 

33. "But that liquor being a well recognized article of com- 
merce and property, in the ordinary sense, its importation from 
another State and its sale, in the original packages could not 
be prohibited." 

Bowman v. R. R., 125 U. S. 465. 
Leisey v. Hardin, 135 U. S. 100. 

34. "A State can forbid any traffic or commerce in game." 
Geer v. Connecticut, 161 U. S. 519. 

Ex parte Maier, 103 Cal. 476. 

People V. Silz, Supreme Court Reporter, Dec. 1908, p. 12, 219 

U. S. 31. 
State V. Weber, 102 S. W. 955. 
Dietreich v. Fargo, 104 N. Y. S. 334. 

STATUS OP IMPORTED GAME. 

People V. Weinstock, 102 N. Y. S. 349. 
People V. Stillman, 102 N. Y. S. 351. 
People V. Waldorf-Astoria, 103 N. Y. S. 434. 
Silz V. Hasterburg, 219 U. S. 31. 

STATUS OP WILD BIRDS OTHER THAN GAME BIRDS. 

35. In 1907, N. I. Schwartz, of New Orleans, was fined for 
offering 75 aigretts for sale contrary to the statute of Louisiana 
forbidding the possession or sale of imported as well as native 
birds. 

State V. Schwartz, 44 La. 20. 

36. In 1907, of Philadelphia, was convicted before an alder- 
man of that city for attempting to sell and having in posses- 
sion, certain red birds or cardinals, that had according to the 
evidence been brought into the State from other state§, on 
appeal to the Court of Quarter Sessions this conviction waa 
sustained and defendant was fined. 



194 GAMK, FISH AND FORESTRY LAWS. 

RIGHT OF A STATE TO IMPOSE A LICENSE FOR HUNT- 
ING. 

37. "A State may lawfully impose a license for the privilege 
of hunting- upon citizens of other States, which is not imposed 
on its own citizens." 

In re Eberle, 98 Fed. 295. 

38. "A State can prohibit the use of oyster beds in the waters 
of the State by citizens of other States. That as fish are com- 
mt^n property of all the peoiple of the State, a citizen of another 
State is not invested by the Constitution with any right 
therein." 

McCteady v. Virginia, 94 U. S. 391. 

Haney v. Comipton, 36 N. J. L. 507. 

State V. Corson, 50 Atl. 780. 
3d. "On the 24th day of October, 1904, the Supreme Court 
of Illinois rendered a decision in the case of Cummings v. 
People, upholding the constitutionality of the license law, and 
quoting with approval the decision of the Supreme Court of 
New Jersey in the case of Alien v. Wyckoff and the United 
Sitates Circuit Court of the Northern District of Illinois in the 
ease of in re Eberle." 

Allen V. Wyckoff, 48 N. J. L. R. ?0; 2 Atl. 659. 
40. "In the case of Commonwealth v. Cannon, in the court O'f 
common pleas of Cumberland county. No. 115 Feb. T. 1905, 
certiorari, in overruling the objections filed the learned court 
said: *It has been however repeatedly held that statutes which 
are directed against non-residents, but not against citizens of 
other States, are constitutional and valid.' " 

Rothermel v. Meyerle, 136 Pa. 251. 

State V. Medbury, 3 R. I. 138. 

Chambers v. Church, 14 R. I. 398. 

Sears v. Warren Co. , 36 Ind. 267. 

People V. Lawndes, 130 N. Y. 455. 



ALIENS. 

41. "It is a legal and political axiom that protection and 
allegiance are reciprocal. Aliens resident or sojourning here, 
do not owe the full measure of allegiance exacted from the 
Gitizens, nor can they enjoy all the rights, privileges and im- 
munities of citizenship." 

Luke V. Calhoun Co., 52 Ala. 115, 121. 

Cyc. of Law and Procedure, Vol. 2, page 88, Note M. 



GAME, FISH AND FORESTRY LAW'S. 191 

42. "'Citizens of other States have no property right Avhich 
entities them to fish against the will of the State, afortiori, 
the alien from whatever country he may come, has none what- 
ever in the waters, or the fisheries of the State. Like other 
priAdleg-es he enjoys as an alien, by permission of the State, 
he can only enjoy as much as the State vouchsafes to yield 
to him as a special privilege. To him it is not a property 
right, tau't is in the strictest sence a privilege or favor." 

Rothermel v. Meyerle, 136 Pa. 251. 
State V. Meddery, 3 R. I. 138. 
Chambers v. Church, 14 R. I. 398. 
Sears V. Warren Co., 36 Ind. 267. 
In re Ah Chong, 2 Fed. Rep., 736. 

RIGHTS OF THE PEOPLE. 

43. "When the interest of the private manufacturer and the 
public weal come in conflict, from the legislative S'tan<3point, 
the public at lars^e are to have the preference. 

Halter V. State. 7 L. R. A., N. S. 1079. 

Comth. V. Kenny, 32 Penna. Superior Ct. 544. 

Comth. V. Bercaw, 30 Penna. Superior Ct. 335. 

N. Y. etc., R. R. v. New York, 165 IT. S. 633. 
* * * * So that, a specially designed gun, which is 
made particularly effective and proportionately dangerous to 
game, comes within the class of dangerous agencies either 
to be regulated or prohibited as the Legislature may decide. 

The judgment of the Court below is reversed, and the record 
is remitted to the end that the sentence imposed may be fully 
carried into effect." 

Commonwealth v. McComb, No. 148, Oct. T. 1908. Superior 
Court of Penna., decision May 10, 1909. 
Judge Orlady in his opinion handed down in the automatic 
gun case, after citing numerous methods thait might not be 
legally used in the taking of game says: 

44. "The swivel gun referred to in the Act of 1897, is described 
as a small cannon, revolving on a swivel, so that it may maim 
or kill a number of game at a single discharge, buit it is always 
under the direction and control of the operaitor. The automatic 
gun mientioned in this act is described as 'one that is fired from 
the shoulder, and the recoil developed by the exploded cart- 
ridge ejects the shell, cocks the hammer, and feeds in a fresh 
cartridge from a magazine into the chamber of the gun,' so 
that all that is required to discharge it is to pull the trigger. 
It is not necessary to justify the wisdom of the TiCgislative 
enacitment; the whole question has so frequently been the sub- 
ject of discussion in the Legislature and Courts, that we mt»st 



192 GAME, FISH AND FORESTRY LAWS. 

accept it as a result of their deliberations, that the automatic 
grun is not a proper weapon for the killing of game, within this 
Commonwealth. Nor are the Courts concerned about a techni- 
cal though triffling interference with the pleasure of a hunter, 
or the property interest of a gun maker. Indeed, the source of 
the police power, as to game flows from the duty of the State 
to preserve for its people a valuable food supply. * * • 
The exercise of this power therefore, comes directly w4thin the 
principal of Plumley v. Mass. 1.55 U. S. 461, and Silz v. Hosten- 
burg, 219 U. S. 31." 

JURISDICTION. 

"The 'Courts of Quarter Sessions shall also have jurisdiotion 
in cases of fines, penalties or punishments imposed by any 
act of Assembly for offenses, misdemeanors and delinquencies, 
except when it shall be otherwise expressly provided and 
enacted." 

The Criminal Procedure Act, March 31st, 1860, P. L. 427, 
Sec. 32, 
A Justice of the Peace has the right of Summary Convic- 
tion only when that right is distinctly and specifically given 
by the act under which suit is brought. 
Commth. v. LaBar, 32 Sup. Ct. p. 228. 
Where concurrent jurisdiction exists in different tribunals the 
one first exercising jurisdiction, rightfully acquires control to 
the exclusion of the other. 

»Whartons Crim. PI. and Practice, 8 Edition, Sec. 441-451. 
Hugh Crim. Law and Procedure, p. 663, Sec. 2.564. 

DECISIONS OF PENNSYLVANIA COURTS. 

1. Constables are entitled to the rewards for securing con- 
victions for violation of game, fish or forestry laws, as fixed 
by act of March 22, 1899. 

A. C. Lee, Const, v. County of Wayne. 

2. Fishing on Sunday is illegal. Sup. Court Report 27, page 
648. 

"It is but a decent respect due to the wisdom, integrity and 
patriotism of the legislative body, by which any law is passed, 
to presume in favor of its validity, until its violation of the 
Constitution Is proven beyond all reasonable doubt. A reason- 
able doubt must be solved in favor of the legislative action and 
the act be sustained." 

"The preservation of game and fish has always been treated 
as within the proper domain of the police power and laws, 
limiting the season when birds and wild animals may be killed. 



GAME, FISH AND FORESTRY LAWS. 193 

and had for sale, and prescribing the manner in which they 
may be taken, have been repeatedly upheld by the courts. The 
duty of preserving the fish and game of a State from extinc- 
tion, by prohibiting exhaustive methods of taking it, or tlie 
use of destructive instruments as are likely to result in the 
extermination of the young as well as the miaiture, is as clear 
as its power to secure to its citizens, as far as possible a 
supply of any other wholesome food." 

Commonwealth v. Thos. W. McComb, No. 148, Oot. T. 
Superior Court Pa., not yet reported. 

"It is within the province of the Legislature to prescribe the 
methods or instruments that may be used in taking game or 
fish and it is not unconstitutional for the Legislature of a state 
to forbid the use of a specially made gun such as the auto- 
matic. * * * * tvjqj, ^j.q |-j^g courts concerned about 
a technical though triffling interference with the pleasure of a 
hunter, or the property interest of a gun maker in deciding a 
ques/tion of public interest and welfare, * * * * 
Where the interest of the private manufacturer and the public 
weal come in conflict from the legislative standpoint, the 
people at large are to have preference." 

"The act of June 10, 1881, forbids the sale to any person 
under the age of stxteen years, of a pistol, revolver, etc. The 
act of March 31st, 1860, provides for the confiscation of gamb- 
ling apparatus. Even the length of time a female laborer shall 
be subjected to the exhaustion of physical labor is within legis- 
lative control * * * * The object of this act is not 
to favor the makers of one sort of a gun at the expense of 
those of other kinds, but its sole object is to protect game, and 
the methods adopted for its destruction, whether guns, traps,, 
or devices are proper subjects for legislative, consideration." 



13 



0m 



(194 ) 



DIVISION III. 



ACTS OF ASSEMBLY RELATING TO FORESTS 
AND FORESTRY. 



AN ACT 

To i)rev€nt the damages which may happen by 1794 3 gm. 
firing- of woods, L,' i3». 

Whereas, It has been represented that numbers 
of pei-sons are in the custom 01 setting fire to the 
\\x>ods for different purposes, thereby producing 
an extended conflagration, injurious to the soil, 
destructive to the timber, and the infant im- 
provements within the State; therefore, 

****** ^:: * 

Section 2. And be it further enacted by the au- 
thority aforesaid. That where any person or per- 
sons, so offending- as thereby to occasion any loss, 
damage, or injury to any other person or persons, 
every such person or persons so offending, shall 
l)e and hereby are declared liable to make satisfac- 
tion for the same, in any action or actions on the 
case, to be brought by the party or parties grieved, 
in the court of common pleas of the county in 
which the offense was committed. 

Section 3. And be it further enacted by the au- 
thority aforesaid, That where any party is injured, 
and shall not demand above fifty dollars for his 
loss or damage, it shall and may be lawful to and 
for such person or persons to apply to any justice 
of the peace of the county where the offense is 
committed, who is hereby empowered and required, 
by warrant under his hand and seal, to cause the 
party offending to be brought before him or some 
other justice of the peace of the same county, and 
if, upon examination, it shall appear to the justice, 
l)y the testimony of one or more credible viatness or 
witnes??es, that the defendant is guilty of the 
charge exhibited against him, then the said jus- 

( 195) 



196 GAME, FISH AND FORESTRY LAWS. 

tice shall issue his warrant to two or more free- 
holders of the neighborhood, thereby commanding 
them, in the presence of the defendant, if he will be 
present, to view the place or thing damaged, or 
inquire into the loss sustained by the plaintiff, and 
to certify to the said justice, upon their oath or 
affirmation, what damage, in their judgmemt, the 
plaintiff hath sustained by occasion of the prem- 
ises; and upon the return of such certificate to 
the said justice, he is hereby empowered to grant 
execution for the recovery of the said damages, 
together with the costs of prosecution, as is usual 
in the recovery of debts under ten pounds: Pro- 
vided, That if any person or persons shall appre- 
hend him, her, or themselves aggrieved by the 
determination of any justice of the peace, in conse- 
quence of this act, he, she, or they shall have a 
right to appeal from the judgment of the said jus- 
tice to the next court of common pleas of the 
proper county. 
******** 

Approved April 18, 1794. 



1824. March 
29. P. L. 158. 



AN ACT 
To prevent the destruction of timber, etc. 

Section 3. And be it further enacted by the au- 
thority aforesaid. That in all cases where any 
person, after the said first day of September (1824), 
shall cut down or fell, or employ any person or 
persons to cut dOAvn or fell, any timber or tree or 
trees growing upon the land of another without the 
consent of the ov.-ner thereof, he, she, or they, so 
offending, shall be liable to pay 'to such owner, dou- 
ble the value of such tree or trees, so cut down or 
felled; or in case of the conversion thereof to the 
use of such offender or offenders, treble the value 
thereof, to be recovered with costs of suit, by 
action of trespass or trover, as the case may be; 
and no prosecution by indictment shall be any 
J;ai' to such action. 



GAME, FISH AND FOREISTRY LAWS. 



197 



Title VIII. Offenses ag-ainst real property, and jgeo 
malicious mischief. 419.' 

Section 140. If any person shall wilfully set on 
fire, or cause to be set on fire, any woods, lands, 
or marshes within this Commonwealth, so as there- 
by to occasion loss, damage or injury to any oither 
person, he or she shall be guilty of a misdemeanor, 
and on conviction, be sentenced to pay a fine not 
exceeding one hundred dollars, and to undergo an 
imprisonment not exceeding twelve months. 

Section 152. If any person shall cut down or fell 
any timber tree or trees, knowing the same to be 
growing or standing upon the lands of another per- 
son, without the consent of the owner, or if any 
person shall purchase or receive any timber tree 
or trees, knowing the same to have been cut or 
removed from the lands of another, without the 
consent of the owner thereof, or who shall pur- 
chase or receive any planks, boards, staves, shin- 
gles or other lumber made from such timber tree 
or trees, so a.s aforesaid cut or removed, knowing 
the sa.me to have been so made, the person so 
offending shall be guilty of a misdemeanor, and 
being thereof convicted, shall be sentenced to pay 
such fine, not exceeding one thousand dollars, or 
to such imprisonment, not exceeding one year, as 
the court in tlieir discretion, may think proper 
to impose. 

Com. V. Quiggle, 19 Pa. S. C, p. 343. 
See also Wheeler v. Carpenter, 109 Pa., 271. 
It is a question of fact for a jury whether defendant cut 
timber under a claim of right. 

Section 153. If any person shall knowingly and 
maliciously cut, fell, alter or remove any certain 
]K)unded tree, or other allowed land mark, to the 
wrong f>f his neighbor, or any other person, he 
shall be guilty of a misdemeanor, and on convic- 
tion, be sentenced to pay a fine not exceeding five 
hundred dollars, and to undergo an imprisonment 
not exceeding one year. 

Approved— March 31st, A. D. 1860. 

WM. F. PACKER. 



Firing 
woods. 



Cutting 
down timber 
trees. 



A division fence existing for more than twenty-one years 
cannot be removed by one adjoining owner without the con- 
sent of the other. Stoner v. Hunsicker, 47 Pa., 514. 



191 



GAME. PISH AND FORESTRY LAWS. 



786. 



AN ACT 

To prevent the firing- of mountain and other wild 

land in the county of Union. 

Whereas, There being certain mountain and other 
wild lands in the county of Union which are fired' 
from year to year, thereby destroying the younger 
timber and causing the land to be worthless for 
the purpose of timber; And whereas, Should su-ch 
young timber not be destroyed it would add to' the 
value of the land, in the course of twenty years, 
from fifty to one hundred dollars per acre, thus 
increasing the wealth of the county thomsands of 
diollars, therefore 

Section 1. Be it enacted, &c. , That any person or 
persons who shall intentionally set fire said lands 
shall forfeit and pay a sum not exceeding five hun- 
dred dollars nor less than fifty dollars, or shall 
be confined in the county prison for a term not 
exceeding one year, nor less than thirty days, or 
both, at the discretion of the court, on conviction 
at any of the courts of this Commonwealth; one- 
half of said fine to be paid to ithe pprson or persons 
who make the information and the other half to 
be paid into the county treasury. 

Approved the 9th dav of April. A. D. 1869. 

JOHN W. GEARY. 

The act of June 2. 1870 CP. U. 316), extend'^ the 
provisions of this act to the counties of Schuylkill. 
Lehigh, Berks, Uycoming, Centre, Snydei' and 
Luzerne. 

The act of ?>Iay 19. 1S71 (P. L. 950), exempts Ly- 
comin.i? county from the provisions of this act. 



1869, P. L.. 
1251. 

Tenants in 
common pro- 
hibited from 
cutting or 
removing 
timber with- 
out consent 
• f co-tenant. 



AN ACT 

To prevent tenants in common of timber lands from 
cutting or removing trees without the consent of 
all Of their co-tenants. 

Section 1. Be it enacted, &c.. That from and after 
this date it shall be unlawful for any owner or 
owners of any undivided interesits in timber land 
within this Commonwealth, to cut or to remove, 
or to cause to be cut or removed, from the said 
land, any timber trees, without first obtaining 
the written consent of all co-tenants in said prem- 
ises. 



GAME. FISH AND FORElSTRY LAWS. 



199 



The peaalty provided by Act of March 29, 1824 is not ex- 
tended to a case of one co-tenant against another for unau- 
thorized cutting and conversion. Wheeler v. Carpenter, 107 
Pa.. 271. 

Section 1. That no sale of any timber, cut or re- 
moved from such undivided lands, before or with- 
out such consent, shall pass any title thereto; and 
the parties injured shall have every remedy in law 
and equity for the recovery of the said timbertrees, 
and of all sqirare timber, boards, lumber, ties, 
shing-les and other articles, whatsoever manufac- 
tured therefrom; and also for the recovery of dam- 
ages for the cutting- or removing of the same, 
which they now have against an entire stranger 
to the title. 
Bush V. Gamble, 137 Pa., 43. 

Section 3. Upon the violation of the provisions 
of the first section of this act, it shall be lawful for 
any of the parties in interest to sue out a writ of 
estrepement, to prevent any further cutting there- 
on, or the removal of any timber then already cut, 
or both; which said writ shall be of force until the 
interests of the parties shall be set out in sever- 
alty, or the writs dissolved by the court, or the 
action or partition in reference to said land finally 
ended; and the said writ of estrepement shall be 
obtained by affidavit, and allowed in the same 
manner and with like proceedings as to its service 
and dissolution as are now by law allowed and 
authorized in cases of estrepement issued pending 
actions of ejectment for real estate. 

Approred— May 4th, A. D. 1869. 

JOHN W. GEARY. 



Sales of tim- 
ber thus cut 
or removed 
not to pass 
title thereto. 
Remedies 
for ^ec(:^ve^y 
of timber 
and dam- 
ages. 



Parties in 

interest au- 
thorized t'> 
sue out 
writs of 
estrepe- 
ment. 



Wiiu, k< 
sbtaineel. 



AN ACT 



To prevent the burning of the woods in any of the ^gjji p_ l. 

counties of this Commonwealth. lee. 

Section 1. Be it enacted, &c. , That any person 

or persons who shall wantonly and wilfully kindle Pu«ish- 

any fire on the lands of another, so as to set on "^f?-*^ J^fire 

fire any wood lands, barren or moors, within the !^ wwd-'^ 

limits of this Commonwealth, shall be guilty of iwids. 



20^ 



GAME, FISH AND FORESTRY LAWS. 



Reward for 
apprehen- 
sion and 
conviction 
nf offenders. 



a misdemeanor, and on conviction thereof shall be 
sentenced to pay a fine not exceeding three hun- 
dred dollars and undergo an imprisonment not 
exceeding- twelve months, or either or both, at the 
discretion of the court; and prosecutions for such 
offenses may be commenced at any time within two 
years from the commission tliereof. 

Section 2. Upon the conviction of any person or 
persons for any of the offenses aforesaid, the com- 
missioners of the county in which such conviction 
is had, shall pay to the prosecutor in every such 
case the sum of fifty dollars out of the county 
treasury as a reward for the apprehension and con- 
viction of the offender, and the defendant or de- 
fendants shall pay the same, with the costs as in 
other cases, into the hands of the sheriff for the use 
of the county, and nothing herein contained shall 
prevent the prosecutor froTn being a competent 
witness in the prosecution aforesaid. 

Approved— The 11th day of June. A. D. 1879. 

HENRY M. HOYT. 



AN ACT 



1S83, 
112. 



P. L. 



Timber 
lands to be 
separately 
Assessed. 



Requiring the several assessors of this Oommon- 
wealth to make return of timber lands. 

Section 1. Be it enacted, &c., That it shall be the 
duty of the several assessors of this Common- 
wealth, in their return of real estate to the com- 
missioners of the proper county, at the next tri- 
ennial assessment, and at each triennial assess- 
ment thereafter, to make return of all the tim.ber 
land in their proper district by specifying in sepa- 
rate columns, how many acres each tract contains 
of cleared land, and how many in timber. 

Approved— The 13th day of June, A. D. 1883. 

ROBERT E. PATTISON. 



GAME. P^ISH AND FOREiSTRY LAWS. 



201 



AN ACT 



For the encouragement of forest culture, and pio- 1887 
viding- penalties for the injury and destruction of 287." 
forests. 

NOTE.— It is probable that sections 1 and 2 of this act are 
unconstitutional. See Tubbs vs. Tioga Co., 32 C. C, 504 
wherein the act of April S, 1905, P. L. 118, a rebate act, was 
declared unconstitutional. By parity of reasoning, these two 
sections would be unconstitutional and for this reason are 
omitted from this compilation. 

Section 3. Any person or persons who shall wil- 
fully or carelessly cut bark fro'm, or otherwise cut- 
burn or injure any tree, plant, shrub or sprout 
planted, growing or being on any land in this Com- 
monwealth, without the consent of the owner 
or owners thereof llrst had, obtained, or who with- 
out such consent, shall kindle, or cause to be kin- 
dled, a fire on any forest or timber land in this 
Commonwealth, or who shall carry into or over 
any foresit or timber land any lighted candle, lamp 
or torch, or other fire, without having the same 
secured in a lantern or other closed vessel, or who 
shall discharge or set off fire works of any kind 
on said land or among the trees thereon, or who 
shall wilfully or carelessly burn or fire upon his 
or their own land, or that of others, any tree, 
brush, stubble or other combustible material where- 
by fire shall be communicated to the leaves, brush 
or timber upon any forest or timber lands belong- 
ing- to other parties, shall be subject 'to a penalty 
*not exceeding one hundred dollars for each offense 
committed, with costs of suit: Provided, That if 
the defendant or defendants neglect or refuse to 
pay at once the penalty imposed and costs, or shall 
not enter sufficient bail for the payment of the 
same within ten days, he or they shall be com- 
mitted to the common jail of said county for a 
period of not less than one day for each dollar of 
the penalty imposed: And provided, When the pen- 
alty imposed is above five dollars, the defendant 
or defendants may enter into a recognizance, with 
g-ood security, to answer said comiplaint on a charge 

*Act of May 14, 1891, amends by providing this penalty of 
$100 instead of $50. P. L. 60. 



Penalty for- 
cutting, 
burning or 
injuring 
trees, 
shrubs, etc^ 

For firing 

timber 

rands. 



Applicatiort 
of penalty. 



Party refus- 
ing to pay 
penalty to 
be impris- 
oned or give 
security for 
appearance 
at court. 



2^2 



AMK, FISH AND FORESTRY LAWS. 



Punisii- 
ment on 
convictJOH 
by th« 
court. 



JurisdU- 
tion of 
justices ®f 
the pea«e. 



Publicatios 

of this aat 
to be made 
by county 
commis- 
sioners. 



of misdemeanor, before the court of quarter ses- 
sions of the peace of the county in which the 
offense is committed, which court, on conviction 
of the defendant or defendants of the offense so 
charged and failure to pay the penalty imposed by 
this act, with costs, shall commit said defendant 
or defendants to the comimon jail of the coumty for 
a period of not less than one day for each dollar 
of penalty imposed. f 

Section 4. Any justice of the peace or alderman, 
upon information or comipiaint made before him by 
tlie affidavit of one or more persons of the violation 
of this act, by any person or persons shall issue 
his warrant to any constable or police officer to 
cause such person or persons to be arrested and 
brought before the said justice of the peace or 
alderman, who shall hear and determine the guilt 
or innocence of the person or persons so charged, 
who, if convicted of the said offense, shall be sen- 
tenced to pay the penalty aforesaid. 

Section .^. The commissioners of each ciojunty 
shall, wiithin one month after the passage of this 
act. cause the same to be published one or more 
times, in one newspaper of general circulation in 
their respective counties. 

Approved— The 1st dav of .Tune. A. D. 1.SS7. 

JAMES A. BEAVER. 



AN ACT 



1.S91. 
170. 



Owner aam- 
aged may 
petition thf 
court. 



Pix>viding- for the recovery of damage to ti^ees along 
the public highways, by telegraph, telephone and 
electric light comipanies. 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act. it shall be lawful, 
whenever any telegraph, telephone or electric light 
company shall have erected its poles and lines aiong 
any turnpike, public road, street, lane, alley or 
highway in this Commonwealth, for the owner or 

tAn accumulation of rubbish alons the right of way of a 
railroad mav be the basis of an action for recovery of dam- 
asPR for destruction of woodlands. Stephenson v. Railroad. 
20 P. S. C, 157. 



GAME, FISH AND FORESTRY LAWS. 



2%: 



owneirs ©f land adjoining- said turnpiko, or public 
road, who may claim to be damaged by the erection 
or maintenance of said lines by reason of the cut- 
ting of trees, whether planted in the said turnpike, 
public road, street, lane, alley or highway, or on 
enclosed or unenclosed land adjoining the same, 
to petition the count of cominion pleas of the county 
in which said damage shall be alleged to have been 
committed, whereupon the said court shall ap- 
point three impartial men, citizens of the county 
in which said damages shall be alleged, as view^ers, 
who shall, after having been duly sworn or affirmed 
to the faithful performance of their duties, assess 
the diamages done, if any, to the petitioner, and 
shall report the same to the court, at the first 
week of the next regular teirm thereof after the 
said appointment, which report shall, upon its pre- 
sentation as aforesaid, be confirmed nisi; and if 
no appeal be entered to the same on or before ten 
days from the Saturday of the week in which the 
same is presented, it shall- then be confirmed abso- 
lutely and judgment entered by the prothonotary 
of the said court upon the same against the said 
coniipany. 

Section 2. The compensation of the viewers pro- 
vided for by the first section of this act shall be 
the same as is now provided for road viewers, and 
s'hall be paid by the defendant company, where 
diama.sres are awarded, otherwise by the peititoner: 
Provided, That the provisions of this act shall not 
apply to the police patrol or fire department tele- 
graph lines. 

Section 3. All la.w^s in so far as they conflict with 
this act are h<=reby repealed. 

Approved— The 2d dav of June. A. r>. 1891. 

ROBERT E. PATTISON. 



Court shall 
appoint 
threw view- 
ers. 



Viewer? re- 
port. 



When con- 
tirmation 
shall becom* 
absolute. 



Shall nut 
apply to 
police or firf- 
flepartment 
telegraph 
lines. 



Reese v. Ry. Co. C. P. 2. J.. 1?02, 4127. Phila. Co.. Gar- 
ber V. Columbia Tel. Co., C. P. Lane. Co. Verdict for Plff.. 
Dee. 3. 1902, for topping- lOS locust tree?. 

The -wrongful cutting- of ornamentgl trees is indietabl* 
under Art of June S, ISSl. P. L. 82, which is not repealed 
by this. Act. Comth. v. Clark, 3 Pa. Sup. Ct., p. 141. 



204 



GAME, PISH AND FORESTRY LAWS. 



1897. P. L,. 9. 



When act 
shall go into 
effect. 



Duties of 
county 
treasurers 
and commis- 
sioners. 

Public no- 
tice to be 
given in two 
news- 
papers. 
Contents of 
notice. 

Notices tn 
be sent to 
Commis- 
sioner of 
Forestry. 



Duty of 
Commis- 
sioner of 
Forestry. 



May pur- 
chase lands 
for Com- 
monwealth. 

Provis». 



AN ACT 

Authorizing the purchase by the Commonwealtli 
of unseated lands for the non-payment of taxe? 
for the purpose of creating a State Forest Reser- 
vation. 

Section 1. Be it enacted, &c., That from and after 
the first day of January, A. D. one thousand eigrhc 
hundred and ninety-eight, whenever any unseated 
lands within this Commonwealth shall, under ex- 
isting laws, become habile to sale by the respective 
county treasurers or the county commissioners for 
non-payment o'f taxes, it shallbe the duty of such 
treasurers and commissioners to publish a notice 
once a week for six successive weeks in at least 
two newsipapers of general circulation within the 
county in which the said lands lie, and if two 
newipa'pers be not published in said county, then 
in one newspaper in or nearest to the same, which 
notice shall contain the names of the owners when 
known, the warrant numbers, names of warrantees 
when known, the number of acres contained in 
each tract, the township in which the same is 
located, and the sums due upon each tract for 
taxes and further to mail to the Secretary of 
Agriculture and the Commissioner of Forestry 
each, ten copies of such primted advertisement im- 
mediately upon the publication thereof. 

Section 2. It shall be the duty of the Commis- 
sioner of Forestry to inquire into and examine thf> 
looaition and character of unseated lands advertised 
by the respective county treasurers and the county 
commissioners of this Coinmonwealth for sale for 
the non-payment of taxes, and if in his judgment 
the saime are so located and' are of such a char- 
acter as to make them desirable for the Common- 
wealth for the purpose of creating and miaintain- 
ing a Forestry Reservation, he shall have power, 
at his descretion. to purchase any such lands for 
and in behalf of the Commionwealtlt at such tax 
sales, subject to the right of redernotion under 
existing laws: Provided however, That the bid 
made and the price paid for said lands, shall in no 
ease exceed the a'mount oif taxes for the non-pay- 
ment of which the same are being sold, and the 



GAME, FISH AND FORESTRY l^AWS. 



205 



costs. For all purchases so made in behalf of 
the Commonwealth, the Auditor General shall 
draw his warrant upon the State Treasurer to the 
order of the county treasurer, upon certificate filed 
by 'the Commissioner of Forestry with the said 
Auditor General: Provided further, That the Coim- 
missioner of Forestry sha]! have power to pur- 
chase unseated lands other than such as are adver- 
tised for sale for the non-payment of taxes, upon 
such terms and conditions as may be agreed upon 
with the owners of such lands: Provided, That such 
purchase shall be approved by the Governor and 
the Board of Property, consisting of the Attorney 
General, Secretary of the Commonwealth and Sec- 
retary of Internal Affairs. And provided further. 
That in no case shall the price paid for such un- 
seated land exceed the assessed value of the same. 
For all purchases so made in behalf of the Com- 
monwealth the Auditor General shall draw his war- 
rant upon the State Ti-easurer to the order of the 
g-rantor, upon certificate filed by the Commissioner 
of Forestry, with approval as aforesaid: Provided. 
That in no case shall the amount paid for any 
tract of land purchased under the provisions of 
this act exceed the sum of five dollars per acre.* 

Section 3. In the event of redemption of said 
lands, tlie redemption money paid shall be re- 
mitted to the State Treasurer by the county treas- 
urer, with a statement d'escribinff the tract of land 
so redeemed. 

Section 4, The title to all lands so purchased, and 
not redeemed after the expiration of the time lim- 
ited for the redemption, shall be taken as vested 
in the Commonwealth to the same extent, and with 
like effect as though such purchase had been made 
by an indi\idua'l at such sale, and the county treas- 
urer shall certify to the Secretary of Agriculture 
[Commissioner of Forestry] lists of all lands pur- 
chased in behalf of the Commonwealth and not 
redeemed within the time limited for such redemp- 
tion, with a description of each tract as required 
by section one of this act, and thereafter such 
Ifinds shall not be subject to further taxation while 
the same are o\^med by the Comimonwealth. It 



How pay- 
ment shall 
be made. 



Redemp- 

tifin of 



Title shall 
be vested in 
Common- 
wealth. 
Tounty 
treasurers 
shall certify 
to Commis- 
sioner of 
Forestry 
lists of lands 
not redeem- 
ed. 

Such lands 
not subject 
to further 
taxation. 



amended by Act of April 2S, 1899, P. L. 9S. 



266 



GAME, FISH AND FORP^STRY LAWS. 



Record ef 
lands to be 
kept. 



Contents •f 
record. 

Lands shall 
be under 
control of 
Depart- 
ment of 
Forestry. 



Purposs. 
Repeal. 



shall be the duty of the Secretary of Agriculture 
[Commissioner of Forestry] to keep a record in a 
book, to be esipecially provided for that purpose, 
of all the lands so acquired by the Commonwealth, 
with full description of each tract, the character 
of the same, the date of purchase, the price paid, 
when the title becalme absolute, or if redeemed, 
the date of redemption. 

Section 5. The lands so acquired by the Common- 
wealth shall be under the control and management 
of the Department of Agriculture, but assigned to 
the care of the Division of Forestry, [Department 
of Forestry] and shall become part of a forestry 
reservation system, having in view the preserva- 
tion of the water supply at the sources of the rivers 
•f the State, for the protection of the people of 
the Commonwealth and their property from de- 
structive floods. 

Section 6. All acts or parts of acts inoonsisitent 
herevvith are hereby repealed.* 

Approved— The 30th day of Marcli , A. D. 1897. 

DANIEL H. HASTINGS. 



(The above Act. by reason of the abolishment of the Divi- 
sion of Forestry in the Department of Ag-riculttiro, and the 
ereation of the Department of Forestry by Act of 85th Feb- 
ruary, 1901, has been chang^ed in its applicatioH. 



AN ACT 



To authorize consitables and other peace ©fficers. 
IX'T, p. L. without fir.st procuring a warrant, to arrest per- 

^- sons reasonably suspected by them of offending 

against 'the laws protecting timber lands. 

Duty .f Section 1. Be it enacted, &c.. That if any person 

eo&stabies. qj. persons shall be detected by any constable or 
•ther peace officer, in the act of trespassing upon 
any forest or timber land within this Common- 
wealth, under such circumstances as to warrant 
the reasonable suspicion that such person or per- 
sons have committed, are committing, or are about 
to commit, some offence or offences against any of 
the laws now enacted or hereafter to be enacted 
for the protection of forests and timber land, such 



GAME, FISH AND FORESTRY LAWS. 



2ei 



constauble or other peace ofRcer shall have authority 
at once, without first procuring a warrant therefor, 
to arrest on view such person or persons, AWth like 
effect as thoug-h such warrant had first been pro- 
cured. 

Section 2. Tliat all acts or parts of aots incon- 
sistent herewith be and the same are herebj- re- 
pealed. 

Approved— The 29th day of April. A. D. 1897. 

DANIEL H. HASTINGS. 



May arrest 

without 

warrant. 



Rei»eal 



AN ACT 



To ameHd the first section of an act. entitled "An 
act to protect timber lands froim fire," approved 
the second day of June, A. D. 1870, providing for 
a penalty in case of the failure of county com- 
missioners to comply with the terms of said act, 
after demand made upon them by the Com'mis- 
sioner of Forestry, and providing for the Com- 
monwealth bearing part of the expenses incurred 
under said act. 

Section 1. Be it enacted, &c. , That the first sec- 
tion of the act, entitled "An act to protect timber 
lands from fire," approved the 2d day of June, 
A. D. 1870, which reads as follows: 

"Secftion 1. That it phall be the duty of the com- 
missioners of the several counties of this Comimon- 
wealth to appoint persons under oath, whose duty 
it shall be to ferret out and bring to punishment 
all persons who either wilfully or otherwise eaus» 
the burning of timber lands, and to take measoires 
to have such fires extingaiished where it can be 
done the expenses thereof to be paid out of the 
county treasury, the unseated land tax to be the 
first applied to such expenses," shall be and the 
same is hereby amended to read as follows: 

Section 1. That it shall be the duty of the conn- 
missionerg of the several counties of this Common- 
weailth to appoint persons, under oath, whose duty 
it shial! be to ferret out and bring to punishment 
all pertsfons or corporations who either wilfullv or 
otherwise cause the burning of timber lands within 



ISff. 
2%. 



S«etioB 1. 
ax^ of June 
S, U70, cited 
for amend- 



0»imty com- 
Hiissioners 
ghall appoint 
persons to 
institute 
proceedings 
and extin- 
gTifsli fires. 



;208 



GAME, FISH AND FORESTRY LAWS. 



< i<mmis- 
sioners fail- 
ing to com- 
ply shall be 
guilty of a 
misde- 
meanor. 
F'enalty. 



How expen- 
ses after 
January 1, 
18&8, shall 
be paid. 

Itemized 
statement 
..shall be 
. burnished 
Auditor 
■General. 



the respective counties, and to take measures to 
have such fires exting-uished where it can be done; 
and on failure of the commissioners of any county, 
after demand m^ade upon them by the Commissioner 
of Forestry of this Commonwealth, to comply with 
this provision, they shall be deemed guilty of a 
misdemeanor in office, and upon conviction thereof 
shall be fined in a sum not exceeding one hundred 
dollars, or suffer an imprisonment not exceeding 
two years or both, at the discretion of the court. 
Tlie expense incurred in the employment of the 
persons contemplated by this act, on and after the 
first day of January, A. D. 1898. shall be paid^. 
one-half out of the treasury of ithe respective 
county, and the remaining- half of said expense 
shall be paid by the State Treasurer upon warrant 
from the Auditor General; but no such warrant 
shall be drawn until the commissioners of the 
proper county shall have first furnished, under 
oath or afhrmation , to the Auditor General, a -uTit- 
ten itemized sitatement of such expense, and until 
the same is approved by the Auditor General: 
Provided, Tliat in no case shall the expense to the 
Commonwealth g-rowing out of this act exceed five 
hundred dollars for a single county in any one year. 

Approved— The Tr,th dav of July. A. D. 1897. 

DANIEL H. HASTINGS. 

Act construed. A. G. O.. 9 D. R.. 537. See also 
A. G. C, 4 D. R.. 670. 



AN ACT 



1901, P. L. 
11. 



Depart- 
ment of 
Forestry 
establi- 
shed. 



To establish a Department of Forestry, to provide 
for its proper administration, to regulate the 
acquisition of land for the Commonwealth and 
to provide for the control, protection and main- 
tenance of Forestry Reservations by the Depart- 
ment of Forestry. 

Section 1. Be it enacted, &c., That there be and 
is hereby established a Department of Forestry, to 
consist of the Commissioner of Forestry and four 
other citizens of the Commonwealth, who together 



GAME, FISH AND FORESTRY LAWS. 209 

shall constitute the State Forestry Reservation How con- 
Comrnission; eacli of ^vhom shall be appointed and stituted. 
commissioned by the Governor, by and with the Appointed 
advice and consent of the Senate; the Commissioin- bj- the Gov- 
er of Forestry for a term of four years, two of the '^i"i^o'"- 
said citizens for a term of two years; and two of 
said citizens for a term of four years; and there- 
after all appointments shall be made by the Gov- 
ernor, bj^ and with the advice and consent of the 
Senate, for a term of four years. The persons so 
appointed, before entering- upon the discharge of ^embers to 
their duties shall each take and subscribe to the ® sworn, 
oath of ofnce prescribed by article seven of the Powers of 
Constitution of Pennsylvania. The Commissioner the commis- 
of Forestry and the Forestry Reservation Com- ^^°"- 
mission, so appointed, shall be clothed with all the 
powers heretofore conferred by law respectively 
upon the Commissioner of Forestry and the For- 
estry Reservation Commission, so far as the same 
are consistent with the provisions of this act, and 
in addition shall have full power, by and with the Purchase of 
consent of the Governor, to purchase any suitable land, 
lands in any county of the Commonwealth that in 
the judgment of said Commission the State should 
possess for forest preservation: Provided. That Proviso, 
in no case shall the amount paid for any tract of 
land, purchased under the provisions of this act, 
exceed the sum of five dollars per acre. Said com- 
mission shall also have full power to manage and Control of 
control all the lands which it may purchase under lands, 
the provisions of this act, as well as those that 
have heretofore been purchased and which are now 
owned by the State under existing laws.* Said 
Commission is also empowered to establish such 
rules and regulations with reference to control, 
management and protection of forestry reser^^-a- 
tions, and all lands that may be acquired under the 
provisions of this act, as in its judgment will con- 
serve the interests of the Commonwealth, and 
wherever it shall appear that the welfare of the 
Commonwealth, wnth reference to reforestation and 
the betterment of State Reservations, will be ad- 
vanced by selling- or disposing of any of the tim'ber 



*For leg-islative intention and construction of this Act, see 
9 D. R. %. 

14 



210 



GAME. FISH AND FORESTRY LAWS. 



May sell 
timber or 
lease min- 
eral rights. 



Publica- 
tions in 
mews- 
yapers. 



Proviso. 



One-lialf net 
revenue to 
be paid to 
township. 



on forestry lands,! the Commission is hereby em- 
powered to sell such timber on terms most advan- 
tageous to the State; and said Commission is here- 
by empowered to make and execute contracts or 
leases, in the name of the Commonwealth, for the 
mining or removal of any valuable minei-als that 
may be found in said forestry reservations, when- 
ever it shall appear to the satisfaction of the Com- 
mission that it wO'Uld be for the best interests of 
the State to make such disposition of said minerals; 
and provided, that such contracts or leases shall 
also be approved by the Governor of the Common- 
wealth after the proposed said contracts or leases 
shall have been duly advertised in at least three 
newspapers published nearest the reservation des- 
ignated, for one month, in advance of said con- 
tract or lease, and the contracts or leases shall be 
awarded to the highest bidder and he or they shall 
have given such bond as the Commission shall 
designate for the performance of his or their part 
of the contract, and the said bond shall have been 
approved by the court of the county wherein the 
contracts or leases are made: Provided, however, 
that When, by virtue of leases or contracts for 
removal of minerals and sale of timber from any 
lands purchased by the State for Forestry Reserva- 
tions, there comes a net revenue to the State, one- 
half of said net revenue derived from lands situate 
in any township shall be paid by the State Treas- 
urer to the treasurer of such township, for appli- 
cation to township purposes and reduction of local 
tax levies in such township: Provided, Th^t there 
shall not be paid to any one township, during any 
year, more than twice the amount of taxes that 
would be received by such township from said landf 
if they were ov/ned by individuals.^ 



tThe privilege of using- the waters on th« forest reserve? 
may be granted for private purposes. This power is fairly 
implied from the provisions of the Act. A. G. O., 10 r>. R.. 
:^76; but see cnntra. A. G. O., 13 D. R., 331. 

For construction of this section see Com. v. LaBar, 32 Sup. 
Ct. , 228. holding that a Justice of the Peace h^s hereunder 
no power of summary conviction. Also defines the legal 
mea'ning of "timber." 

f'Ganister rock" is a "valuable mineral" within the mean- 
ing of this section and can only be disposed of after com- 
pliance with the terms of the Act, A. G. O., 12 I>. R.. 420. 



GAME, PISH AND FORESTRY LAWS. 



211 



SectioB 2. Any person or persons who shall kindle 
fires upon any of the forestry reservations of this 
Commonwealth, except in accordance with such 
rules and re;>i-ulations as may be prescribed by the 
Forestry Reservation Commission, or who shall 
cut or remove any timber whatever, or who shall 
do or cause to be done any act that will damag-e 
forest lands or timber belong-ing- to this Common- 
wealth, shall be guilty of a misdemeanor, and upon 
conviction thereof be subject to a penalty of not 
less than one hundred dollars nor nnore than five 
hundred dollars for each offense committed, with 
costs of suit, which penalty and costs of suit shall 
be collected in the same manner as is now provided 
by existing laws for like offenses committed on 
forest lands belonging- to individuals; all fines and 
penalties vrhen collected to be paid to the Commis- 
sioner or Fiorestry, who is hereby directed to pay 
the s'ame over to the State Treasury; provided, that 
if the defendant or defendants neglect or refuse to 
pay at once the penalty and costs imposed, hp 
or they shall be committed to the common jail of 
the county wherein the offense was oommitted un'til 
such penalty and costs are paid. 

Section 3. That the Commissioner of Forestry 
shall be the president and executive oflficer of the 
Forestry Reservation Commission, and also Supfr- 
intenden't of the State Forestry Reservations, and 
shall h^ve immediate control and management, 
under the direction of the Forestry Reservation 
Commission, of all forest lands already acquired 
or which may hereafter be acquired by the Com- 
monwealth, but the power so conferred upon said 
CommivS-sioner of Forestry shall not extend to th* 
enforcement of the laws relating to publi'- health 
or the protection of fish and eame. It shall bp the 
duty of the Commissioner of Forestry to encourage 
and promote the development of forestry, and to 
obtain and publish information respecting the ex- 
tent and condition of forest lands in the 'State. 
and to execute all rules and regulations adopted 
by the Forestry Reservation Commission for th*^ 
enforceinent of all laws designated for the rroteo- 
tion of forests from fire and depredation: a^d he is 
hereby empower-^d to employ such detective ser- 
vice, a«d such legal or other services as may be 



KiHdlias' f'f 
fires madf a 
misde- 
Kes.«or. 



'Penalty 



DisfjesitioH 
of fines and 
penalties. 



Pr»vis». 



Commis- 
siomer of 
Forestry to 
fee President 
of Commifs- 
pion. •'tc. 



Duties •( 

Crvmmis- 

siofief. 



detPctiveg. 



212 



GAME, FISH AND FORESTRY LAWS. 



Salary of 
the coiTirnis- 
sioner. 
Traveling- 
expenses of. 
Exi>ense.s of 
other mem- 
bers. 



Om':e to be 
provided and 
furnished. 



Transfer of 
unexpended 
approprfa- 

tian. 



Clerk of 
Commis- 
sioner. 



Salary of. 



T'urcha&e 
money for 
lands; how 
to be paid. 



necessary for the protection of the forestry reserva- 
tions owned by the Commonwealth and for the 
apprehension and punishment of persons wlio may 
violate any of the forestry reservation laws or any 
of the rules and regulations, which, under the 
powers herein given, may be adopted by the For- 
estry Reservation Commission: Provided, That the 
services so employed and the expenses that may 
Lhereby be incurred shall be approved by said For- 
estry Reservation Commission and the Governor 
uf the Commonwealth. 

Section 4. The Commissioner of Forestry shall 
receive a salary of three thousand dollars per an- 
num, and in addition thereto shall be reimbursed 
for all necessary expenses of travel which may Joe 
incurred in the discharge of the duties of his office; 
and the other members of th;> Forestry Reseivation 
Commission shall serve wKthout salary, but shall 
be reimbursed for all necessary expenses incurred 
by them in the performance of the duties of their 
office. 

Section &. The Commissioner of Forestry shall 
have an office at the State Capitol, and it shall be 
the duty of the Board of Commissioners of Public 
Grounds and Buildings to provide, from time to 
time, the necessary rooms, furniture, apparatus 
ttnd supplies for the use of the Department of For- 
estry created under the provisions of this act. 

Section 6. All moneys appropriated by the Gen- 
eral Assembly in the general appropria»tlon act 
nf 1899 for the Division of Forestry of the State 
Department of Agriculture, as for salaries or con- 
tingent fund, which may remain unexpended at 
the time of the approval of this act, shall be 
transferred to and be vested in the Department of 
Forestrj^^, hereby created; and the clerk of the 
Commissioner of Forestry, hitherto appointed 
under the law creating the Department of Ag-ricul- 
ture, shall be transferred from the Department of 
Agriculture to the Department of Forestry, on the 
same salary that he now receives. 

Section 7. The purchase mnnev for lands acquired 

and all expenses that may be incurred, except the 

salaries of the Commissioner of Fore,sftx*v and' his 

■f^rk, shall be paid by the Stat<^ Treasurer out of 

any moneys in the Treasury not otherwise appro- 



GAME, FISH AND FORESTRY LAWS. 212 

priated, on warrant of the Auditor General, upon 
vouchers duly approved by resolution of the For- 
estry Reservation Commission and the Governor 
of the Commonwealth. 

Section 8. The title* of all lands acquired by the Title of 
Commonwealth for forestry reservations shall be lands ao- 
taken in the name of the Commonwealth and shall ^i"ii"ed to^be 
be held by the Commissioner of Forestry, and such weaith'""^'^" 
lands shall not_ be subject to warrant, survey or L^nds not 
patent, under the laws of the Commonwealth au- be subject 
thorizing the conveyance of vacant or unappro- to warrant. 
priated lands, and all such forestry reservation survey and 
lands shall be exempt from taxation from the time ^f^i^'^pxem'nt 
of their acquisition. In all cases where lands have irom laxa- 
been purchased, or may hereafter be purchased by tion. 
the Forestry Reservation Commission for forest 
reseiwations, where there are public roads, regu- May expend 
larly established, running into or through said money for 
land, the Commissioner of Forestry, under such public roads, 
rules and regulations as the Forestry Reservation 
Commission is hereby authorized to adopt, may 
expend a sum not exceeding twenty-five dollars per 
mile in each year for the maintenance, repair or 
extension of any such roads, and on roads border- 
ing on reservations one-half of this rate per mile 
may be expended. All expenses that may thus be Expenses 
incurred shall be subject to the approval of the subject tO' 
Forestry Reservation Commission and the Gov- approval, 
ernor of the Commonwealth, and shall be paid in 
the same manner as other expenses are provided 
for in this act. 

Since the passag-e of the Act of April 5. 1905, P. L. Ill, 
making: a fixed charge of 2 cents per acre for road purposes 
against State lands held for forest reserves, the above priv- 
ilege under sec. 8 has not been exercised by this Commission. 
Tax exemption removed by Act of 1905. 

Section 9. The Commissioner of Forestry shall re- t.. 
ceive the moneys to which the State may be en- of money 
titled by virtue of the sale of any timber, or by received, 
virtue of any leases or contracts relating to the 
disposition of minerals, as hereinbefore provided, 
and he shall immediately pay the same over to the 
State Treasurer as a part of the revenue of the 

*For a discussion of the Commonwealth's titles and the 
doctrines of estoppel as applied to the State, see Com. v. 
Bierlv, ?,7 Sup. Ct. Rep., p. 496. 



214 



eAME, FISH AND FORESTRY LAWS. 



Coinaaie- 
sioner «f 
Forestry 
shall gjra 
l)Ond «: 
$10,ef«. 



Repeal. 



ComiTionwealth. TTie said Comniissioner of Ftor- 
<5i&try shall give his bond to the Commtonwealth, 
with t^Yo sureties, to be approved by the Governor, 
in the sum of ten thousand dollars, for the faithful 
iiscliarge of the duties imposed by this act and 
for the proper accounting of any moneys to th« 
Commonwealth that may come into his hands by 
rirtue of his position as Commissioner of Forestry. 

Section 10. That all acts or parts of acts incon- 
sistent with the provisions of this act be and the 
same are hereby repealed. 

Approved— The 25th day of February, A. D. 1901. 
AVILLIAM A. STONE. 



AN ACT 



319. 



P. L. 



When %h% 
Conunie- 
sioner •( 
Forestry 
may appoutt 
detectiye* 
and ei»- 
ploy at- 
torneys. 



HxpeH»«s in- 
curred. 



Fines ••1- 
lecteil. 



For the better protection of timber lands ag-ainst 
fire, and providing- for the expenses of the same, 
and directing what shall be done with the fines 
collected and costs paid. 

Section 1. Be it enacted, &c., That wfhen the 
commissioners of any county or counties fail to 
"appoint persons under oath, whose duty it shall 
be to ferret out and bring to punishment all persons 
•r corporations who either wilfully or otherwise 
cause the burning of timber lands," within their 
respective counties, as is provided for by the act of 
July loth, 1897, or when they have appointed in- 
efficient persons to do the work aforesaid; the Com- 
missioner of Forestry may, on the request of resi- 
dents of a county In which such fires have been 
created, or on the request of the owner or owners 
of land which has been injured by the fires so 
created, appoint a detective or detectives, and 
employ an attorney or attorneys, to ferret out and 
bring to punishment, as aforesaid, those who cause 
the burning of timber lands; and all expenses in- 
curred by the Commissioner of Forestry under 
the operation of this act shall be paid by the State 
Treasurer, on warrant drawn by the Auditor Gen- 
eral, if the said bills shall be approved by the 
Governor and the Commissioner of Forestry; and 
all the fines collected shall be paid by the magis- 



CAME, FISH AND FORESTRY LATVS. 



215 



trate «r by order of the court to the Commissioner 
of Forestry, and be paid by him to the Treasurer 
of the Oommonwealth. 

Section 2. When conviction is obtained, under the when pay- 
provisions of this act, of persons or corporations ment to 
causing- the burning of timber lands, then the Aud- county com- 
itor General, on the request of the Commissioner missioners 
of Forestry, may refuse to pay the State's share ?J,sed ^*" 
of the money due to the county for the services 
of the person or persons, appointed by the county 
commissioners, to ferret out and bring to punish- 
ment those who caused forest fires in the districts 
where such persons served as fire detectives, to 
make arrests and secure convictions, and for which 
conviction was obtained by the detectives appointed 
by the Commissioner of Forestry. 

Approved— The 2d day of Mav, A. D. 1901. 

WILLIAM A. STONE. 



AN ACT 



Authorizing- boroughs of this Commonwealth to re- 
quire the planting of shade-trees along the public l^^' I*- '^■ 
streets thereof, l)y the owners of abutting prop- *^^- 
erty, in certain cases. 



'giection 1. Be it enacted, «S:c., That the buriress 
and council of any borough of this Commonwealth, 
upon the petition of a majority of the property 
owners upon any public street thereof, may by 
ordinance require the planting and replanting- of 
suitable shade-trees along and upon either side of 
any such street, upon such alignment and at such 
points as may by such ordinance be designated, by 
the owner or owners of property abutting the street 
at the points designated; and on failure of any such 
owner or owners after reasonable notice, to comply 
with the terms of any such ordinances, the said au- 
thorities mav cause such trees to bf planted or re- 
planted at the expense of the borough; and there- 
upon, in the name of the borough, collect such ex- 
pense from the owner or owners in default, as deb+^s 
of like amount are by law collectible: Provided. 
That the said autliorities shall not require the 



Boroug-hii 
may require 
the planting: 
of shade 
trees by 
abuttins: 
owners. 



216 



GAME, FISH AND FORESTRY LAWS. 



planting- or replanting of trees at any point or 
points which may interfere with the necessary or 
reasonable use of any street or abutting property, 
or interfere unreasonably with any business there- 
on conducted. 
Approved— The 17th day of June, A. D. 1901. 

WILLIAM A. STONE. 



1901, 
110. 



AN ACT* 

To encourage the planting of trees along the road- 
sides of this Commonwealth, and providing a 
penalty for killing, removing or injuring the 
same; what disposition is to be made of moneys 
collected as penalties, and for keeping a record 
by the supervisor of roads or boards of super- 
visors of roads of the trees so planted and upon 
which a tax abatement has been granted. 

NOTE. — With the possible exception of a portion or section 
», this act is rendered inoperative by the decision in Tubbs 
V. Tioga, 32 C. C. 504, and subsequent legislation. See page 
223 hereafter. 



Negli- 
gence. 



Proviso, 



Penalty. 



Section 5. Any person v\ho shall cut down, kill 
or injure any living tree, planted or growing natur- 
ally as aforesaid, (that is, by the roadside), or who 
negligently or carelessly suffers a horse or other 
domestic animal, driven by or for him to injure 
any trees hereinbefore mentioned, upon conviction 
thereof shall be subject to a penalty of not less 
than one dollar, nor more than five dollars, with 
costs of suit, for each and every tree so cut down, 
killed, removed or injured: Provided, That if the 
defendant or defendants neglect or refuse to pay 
at once the penalty so imposed and costs, or shall 
not enter sufficient bail for the payment of the 
same within ten days, he or they shall be com- 
mitted to the common jail of the county in which 
the offense was committed, for a period of not less 



*A11 rebate of tax acts probably declared unconstitutional 
by decision in Tubbs vs. Tioga, 32 C. C. p. 504. 



GAME, FISH AND FORESTRY LAWS. 217 

than one day for each dollar of penalty imposed 
and costs. 
******** 

Approved— The 2d day of July. A. D. 1901. 

WILLIAM A. STONE. 



AN ACT 

Conferring- upon persons employed, under existing 
laws, by the Commissioner of Forestry, for the 
protecting- of State Forestry Reservations, after 
taking- the proper oath of ofRce, the same powers 
as are by law conferred upon constables and other 
peace officers; to arrest, without first procuring a 
warrant, persons reasonably suspected by them 
of offending against the laws protecting timber 
lands; also conferring upon them similar powers 24 
for the enforcement of the laws and rules and 
regulations for the protection of the State For- 
estry Reservations, and for the protection of the 
game and fish contained therein; and further, 
conferring upon them power to convey said of- 
fenders into the proper Jeg^al custody, for punish- 
ment: tills act to apply only to offenses com- 
mitted upon said reservations and lands adja- 
cent thereto. 

Section 1. Be it enacted, &c., That the persons 
employed, under existing laws, by the Commis- ^^^^^^ ''* 
sioner of Forestry, for the protection of State For- slcmer %f 
estry Reservations, shall, after taking the proper Forestry, 
official oath before the clerk of the court of quarter 
sessions of any county of the Commonwealth, be 
vested with the same powers as are by existing Powers 
laws conferred upon constables and other peace vested in. 
officers; to arrest on view, without first procuring 
a warrant therefor, persons detected by th?m in the 
act of trespassing upon any forest or timber land Forest and 
within this Commonwealth, under such circum- timber land, 
stances as to warrant the reasonable suspicion that 
such person or persons have committed, are com- 
mitting, or are about to commit, some offense or 
offenses against any of the laws now enacted or 
hereafter to be enacted for the protection of forests 



2 IS 



GAME, FISH AND FORESTRY LAWS. 



State For- 
estry Reser- 



Pioviso. 



Limi- 
tation. 



Repeal. 



and timber lands. Such officers shall likewise be 
vested with similar powers of arrest, in the case of 
offenses against the laws or the rules and regula- 
tions enacted or to be enacted for the protection of 
the State Forestry Reservations,* or for the pro- 
tection of the fish and game contained therein: 
Provided, That the .above mentioned rules and reg- 
ulations shall have been previously conspicuously 
posted upon the reservation. Said officers shall 
further be empowered, and it shall be their duty 
immediately upon any such arrest, to take and 
convey the offender or offenders before a justice of 
the peace or other magistrate having jurisdiction, 
for hearing and trial, or other due process of law: 
Provided, further. That this act shall extend only 
to the case of offenses committed upon said For- 
estry Reservations and lands adjacent thereto; and 
the powers herein conferred upon said officers shall 
not be exercised beyond the limits thereof, except 
where necessary for the purpose of pursuing and 
arresting such offenders, or of conveying them into 
the proper legal custody, for punishment, as afore- 
said. 

'Section 2. All acts or parts of acts inconsistent 
herewith be and the same are hereby repealed. 

Approved— The 11th day of March, A. D. 1903. 
SAML. W. PENNTPACKER. 



*A forest officer is not liable to indictment ancl punishment 
under the Act of April 24, 1903, P. D. 296, for killing- a dog, 
when done in the course of duty and upon probable cause. 

Com. V. Frederick, 27 Pa. Puiv Ct. 22J?. 



GAME, FISH AND FORESTRY LAWS. 



219 



AN ACT 

To empower the Commissioner of Forestry and the 
Forestry Reservation Commission to give street 
railway companies the privilege to construct, 
maintain and operate their lines of railway over, 
along and upon public highways within or bor- 
dering on forest reservations owned by the Com- 
monwealth. 

Section 1. Be it enacted. &c., That the Commis- 
sioner of Forestry and the Forestry Reservation 
Commission are hereby authorized and empowered 
to give to street railway companies, duly incor- 
porated under the laws of this Commonwealth, 
upon such terms and suh.iect to such restrictions 
and regulations as said Commissioner and Com- 
mission may deem proper, the privilege to con- 
struct, maintain and operate their lines of railway 
over, along and upon public highways, now laid 
out and in actual use. which lie within or border on 
any forest reservations now owned or hereafter to 
be acquired by the Commonwealth, whenever in 
the .iudgment of the said Commissioner arid Oo-'-n- 
mi.ssion th^^ interests of the Commonwealth in the 
said reservations shall be benefit.=^d therebv. 

Approved— The 1.5th dav of April. A. t». 190?,. 

SAML. T\^ PENNYPACKER. 



im. 



p. L. 



ConriHiiF- 
sioner of 
Forestry and 
the Forestrj' 
Reserva- 
tion Com- 
mission em- 
fwwered to 
g-ive certain 
privileges to 
street rail- 
way com- 
panies. 

Highway.s 
borderin.sr on 
or within 
'forest reser- 
vatioBS. 



AN ACT 

To limit the amount of money expended each year ]9««. p l, 
by the State Forestry Reservation Commission in 2«i. 
the purchase of lands for the Commonwealth. 

Section 1. Be it enacted, &c., That from and after Forestry 

Reserva- 
tion Com- 
mission 
Limiting- 



the passage of this act, the amount of money ex- 
pended by the State Forestry Reservation Commis- 
sion for the purchase of lands in any on^ fiscal 
year, shall not exceed the sum of three hundred amount^of 
thousand dollars: Provided. That contracts here- money to b« 
tofore made for the purchase of land by the State ^^'^'^^^t. 
Forestry Reservation Commission shall not be af- 



by. 



fund. 



22« GAME, PISH AND FORESTRY LAWS. 

fected by this act. All proceeds derived from the 
lands purchased by the sard Commission shall be 
paid into the State Treasury, and shall he held as 

Special a special fund, and shall be paid by the State 

Treasurer to the said Commission, from time to 
time, upon warrants drawn by the Commissioner of 
Forestry and countersigned by the Auditor General, 

Expendi- lor the purpose of assisting in defraying the neces- 

ture of. sary expenses of protecting and improving the said 

lands, or for the purchase of additional land. 

Repeal. Section 2. All acts or parts of acts inconsistent 

herewith are hereby repealed. 
Approved— The 15th day of April. A, D. 1903.. 
SAML. 'W. PENTSrYPAOKER. 



AN ACT 
Directing the Commissioner of Forestry to erect 
buildings on the Mont Alto Reservation or lo pur- 
chase land and buildings adjacent to the said res- 
ists, p. L. ervation, wherein to provide instruction in for- 
"^'^ estry, to prepare forest wardens for the proper 
care of the State Forestry Reservation lands 
and making an appropriation therefor. 
Apptopria- Section 1. Be it enacted, «&c.. That the Commis- 
<^i"" sioner of Forestry is hereby directed, under the ad- 
vice of the State Forestry Reservation Commission, 
to purchase suitable buildings and land adjacent to 
the Mont Alto State Forestry Reservation or to 
erect buildings on said Reservation, at a cost not 
to exceed six thousand dollars, and to establish and 
provide therein and on said Reservation practical 
instruction in forestry, to prepare forest wardens 
for the proper care of the State Forestry Reserva- 
tion lands; the said instruction not to cost a sum 
exceeding ten thousand dollars, for the two fiscal 
years ending June first, one thousand nine hundred 
and five; and the sum of sixteen thousand dollars. 
or so much thereof as may be necessary, is hereby 
appropriated, out of moneys not otherwise appro- 
priated for said purposes; to be paid by warrant 
drawn by the Auditor General upon resolution of 
the State Forestry Reservation Commission. 
Approved— The 13th day of May, A. D. 1903, 

SAML. W. PBNNYPAOKER. 



GAME, FISH AND FORESTRY LAWS. 



!21 



Preamble. 



AN ACT* 

Providing- a fixed charg-e on lands acquired by the 
State for Forestry Reserves, and the distribution 1S05, P. L. 
of revenue, so derived, for school and road pur- ^^^• 
poses. 

Whereas, The Commonwealth of Pennsylvania is 
acquiring" large tracts of lands, in its several coun- 
ties, for the purpose of establishing forest reserva- 
tions; and 

Whereas, The purchasing of said lands by the 
Commonwealth makes said lands exempt from 
taxation; and 

Whereas, Because of said exemption from taxa- 
tion, districts in the several counties lose the rev- 
enue secured from said prior taxation, and works 
a hardship upon the citizens thereof, by compelling 
them to make up the loss on school and road- taxes 
thus brought about: 

Section 1. Be it enacted, &c., That from and after 
the passage of this act, all lands acquired by the 
Commonwealth for forest reserves, and now ex- 
empt from taxation, shall be subject to an annual 
charge of three cents per acre, for the benefit of 
the schools in the respective districts in which said 
reserve or reserves are located, and two cents per 
acre, for the benefit of the roads in the townships 
where said reserve or reserves are located. 

Section 2. The Commissioner of Forestry shall 
certify to the respective school-districts and town- 
ships, throughout the Commonwealth, in which 
forest reserves are located, the number of acres 
owned by the Commonwealth in each district or 
township, upon application of the treasurer or road 
supervisors of any of the said districts or town- 
ships, and the charge against the same; and shall, 
furthermore, certify to the State Treasurer the 
number of acres as aforesaid, and the charge 
against the same and in favor of the respective 
districts and townships. The State Treasurer shall, 
upon the approval of the proper warrants of the 
Commissioner of Forestry, pay to the several 
school-districts and townships the amounts due 

*Se© new act relating to charge for schools, page. 



Forest re- 



Anfiual 
charge 

against. 



Certificate 
as to num- 
ber of acres, 
etc. 



222 



»AM,E, FISH AND FORESTRY DAWS. 



Payiiaeot I 
school dis- 
tricts and 
townehipf. 



the same from the Commonwealth, and dieriyeil 
under this act, upon due application therefor madt 
by the treasurers or road supervisors of the said 
districts and townships. 
Approved— The 5th day of April, A. D. 1905. 

SAML. W. PEWNYPACKER. 



AN ACT 



190*. P. L. 
15€. 



FoveBtry 
reserA'a- 

tion. 



Privileges nt 
boroughs 
and muniei- 
palities. 

Pipe li»es. 



To empower the Commissioner of Forestry and th« 
Forestry Reservation Commission to give to bor- 
oughs and other municipalities the privilege of 
impounding water on Forest Reservations owned 
by the Commonwealth, and of constructing, 
maintaining and operating lines of pipes over and 
through the same for tlie purpose of conveying 
water therefrom. 

Section 1. Be it enacted, «S:c., That the Commis- 
sioner of Forestry and the Forestry Reservation 
Commission are hereby (authorized and empowered 
to give to boroughs and other mun'icipalities of this 
Commonwealth, upon such terms and subject to 
such restrictions and regulations as said Commis- 
sioner and Commission deem proper, the privilege 
of impounding water upon any Forest Reserva- 
tions, now owned or hereafter to be acquired by 
the Commonwealth, and of constructing, main- 
taining and operating lines of pipes upon and 
through said reservations, for the purpose of con- 
veying water therefrom, whenever in the judgment 
of the said Commissioner and Commission it shall 
be to the public interest so to do. 

Approved— The 14th day of April, A. D. 1905. 

SAMI.. W. PENNYPACKER. 



GAME, FISH AND FOPcESTRY LAWS. 



Shade- 
trees. 



Shade-tr. 
Commis- 
sion. 



AN ACT 

To provide for the planting and care of shade-trees, 
on highways of townships of the first class, bor- 1907, f. 
oug-hs, and cities of the Commomvealth of Penn- ^^^• 
sylvania, and providing- for the cost thereof. 

Section 1. Be it enacted. &c., That in townships 
of the first class, boroughs, and cities of the Com- 
monwealth of Pennsylvania there may be ap- 
pointed, in the manner hereinafter provided, a 
Commission of three freeholders, to be known 
and desig-nated as the Shade-tree Commission of 
the said township, borough, or city, who shall 
serve without compensation, and Avho shall have 
exclusive and absolute custody and control of, and 
power to plant, set out, remove, maintain, pro- 
tect, and care for shade trees, on any of the 
public hig-hways of the said townships, boroughs, 
and cities, the cost thereof to be provided for in 
the manner hereinafter stated: Provided, That 
in townships, boroughs, or cities in which a Com- 
mission for the care of public parks shall have been 
created, said Commission shall, upon the ac- 
ceptance of this act as provided in section two, 
be charged with the duties of the Commission as 
above provided, and shall, for that purpose, be 
ix)ssessed of all the powers herein mentioned and 
granted. 

Section 2. The commissioners of any township of 
the first class, or the councils of any borough or 
city, in the State of Pennsylvania, may, by ma- 
jority vote in the case of the commissioners, or by 
joint resolution in the case of the councils, ac- 
cept tlie provisions of this act, and when such 
majority vote or joint resolution shall have been 
duly passed and approved, and such SJiade-tree 
Commissioners appointed, or, in their stead, the 
duties and powers herein provided have been de- 
volved upon an existing- park commission, then, 
from that time and in that event, this act and 
all its provisions shall be in full force and ap- 
plication in such township of the first class, bor- 
oug-h, or city, so accepting-; and such commis- comm1s-° 
sioners shall be appointed, for terms of three, four, sioners." 



Existing- 
park com- 
missions. 



Acceptance 
of this act. 



224 



GAME, FISH AND FORESTRY LAWS. 



Appoint- 
ments. 



PrOAHSO. 



Annual re- 
port. 



Tree-plant- 
ing, etc. 



Notice shall 
be pub- 
lished. 



Cost of 
planting-, 
transplant- 
ing:, etc. 



Certificates. 



and five years, respectively, and, on the expira- 
tion of any term, the new appointment shall be for 
five years, and any vacancies shall be filled for 
the unexpired term only; and in townships of the 
first class the said appointment shall be made by 
the commissioners thereof; and in boroughs, by the 
chief burgess, and in cities by the mayor thereof: 
Provided, That in cities where a Commission 
exists for the care of public parks, the term and 
appointment of such Commission shall not be 
changed by this act, but shall be and remain as 
provided by the act of Assembly, and by the or- 
dinance of councils creating such Commission for 
the care and maintenance of public parks. And 
sucli Shade-tree Commission shall, twice in every 
year, report in full its traiisactions and expendi- 
tures for the municipal fiscal year then last ended, 
to the authority under and by which it was ap- 
pointed: Provided, That an existing park com- 
mission, acting under this enactment, may em- 
body its report in its regular report to the coun- 
cils, as by law or ordinance provided. 

Section 3. That when such shade-tree commis- 
sioners, or park commissioners so acting, shall 
propose the setting out or planting or removing 
of any shade trees, or the material changing of 
the same in any highway, they shall give public 
notice of the time and place appointed for the 
meeting at which such contemplated work is to 
be considered, specifying in detail the highways, 
or portion thereof, upon which trees are pro- 
posed to be planted, removed, or changed, in one 
or more — not exceeding two in all — of the news- 
papers published in said township, borough, or 
city, once each week for at least two weeks, prior 
to the date of said meeting. 

Section 4. The cost of planting, transplanting, 
or removing any trees in any highv»^ay, and of 
suitable guards, curbing, or grading for the pro- 
tection thereof, when necessary, and of the proper 
replacing of any pavement or sidewalk necessarily 
disturbed in the doing of such work, shall be 
borne by the owner of the real estate in front of 
which such trees are planted, set out, or removed; 
and the cost thereof as to each tract of real estate 
shall be certified by the commissioners to the 



GAME, FISH AND FORESTRY LAWS. 226 

township commissioners, or to the presidents of 
the councils in boroughs and cities, and also to the 
person having- charge of the collection of taxes 
for the said township, borough, or city; and upon 
the filing of said certificates, the amount of the 
cost of such improvement, of which notice shall 
also be given to each property owner involved, ac- 
companied with a copy of the aforesaid certifi- 
cate, together with a notice of the time and place 
for payment, shall be and become a lien upon said ^1®^. 
real estate, in front of which said trees have been 
planted, set oiit, or removed; said lien to be 
collectible, if not paid in accordance with notice as 
herein provided, in the same manner as other 
liens for taxes are now collectible against the 
property involved. 

Section 5. The cost and expense of caring for 
said trees after having been planted or set out, and%ubMea- 
and the expense of publishing the notices provided tlom. 
for in section three, shall be borne and paid for 
by a general tax, to be levied annually in the 
manner that taxes for township, borough, and 
city purposes are now levied in such townships 
of the first class, boroughs, or cities; such tax not Tax. 
to exceed the sum of one-tenth of one mill on the 
dollar on the assessed valuation of the property in 
such townships of the first class, boroughs, or 
cities; and the needed amount shall each year, 
in due time, be certified by the shade-trees com- 
missioners to the proper authorities charged with 
the assessment of taxes in said townships, bor- 
oughs, or cities, to be assessed and paid, as other 
taxes are assessed and paid, and to be drawn 
against as required by said commissioners, in the 
same manner as moneys a.ppropriated for town- 
ship, borough, or city purposes are now drawn 
against in '^'aid townships, boroughs, or cities: 
Provided, That the commissioners of any towm- proviso, 
ship of the first class, and the councils of any 
borough or city, accepting the provisions of this 
act, may provide for the expense of the main- Appropria- 
t'^nanc'- of tr'^es on highwnys. in accordance with tlon. 
the provisions of this section by actual appropria- 
tion, equal to the amount certified to be required 
by the said Commission, in lieu of the specific 
assessment above authorized. 

15 , ~ 



226 



GAME, FISH AND FORESTRY LAWS. 



Superin- 
tendent, en- 
gineer, 
wardens, 
etc. 
Regulations. 



Fine and 
penalties. 



Liens. 



Disposition 
of fines, etc. 



Repeal. 



Section 6. The Commission, under which the 
provisions of this act shall be carried out, in any 
township of the first class, borough, or city, shall 
have power tc employ and pay such superin- 
tendents, engineers, foresters, tree-ward'ens, or 
other assistants, as the proper performance of the 
duties devolving- upon it shall require; and to 
make, publish and enforce regulations for the 
care of, and to prevent injury to, the trees on 
the highways of any township, borough, or city 
accepting the provisions of this act; and to assess 
suitable fines and penalties for violations of this 
act, provided such regulations shall have been 
published at least twice in one or more, not ex- 
ceeding two, newspapers of the township, bor- 
ough, or city, involved, after having been sub- 
mittted to and being approved by the commission- 
ers of the township of the first class, of the coun- 
cils of the borough or city affected; and such fines 
and penalties, so assessed for violations of this 
act, shall become liens upon the real property of 
the offender, and be collectible by the constituted 
authorities as liens for taxes upon real property 
are now collected. 

Section 7. All the moneys due and collected from 
fines or penalties or assessments, in consequence 
of the acts of said Shade-tree Commission in 
enforcing this act, shall be paid to the treas- 
urers of the townships, boroughs, and cities ac- 
cepting its provisions, and shall be placed to the 
credit of said commission, subject to be drawn 
upon by the said commission for the purposes of 
this act. 

Section 8. All acts and parts of acts inconsistent 
with this act are hereby repealed. 

Section 9. This act shall take effect immerliatp'ly; 
but its provisions shall not l)e and become binding 
upon any township, borough, or city until it has 
been duly accepted, as provided in section two. 

Approved— The 31st day of May, A. D. 1907. 

ED^aN S. STUART. 



GAME, FISH AND FORESTRY LAWS. 



22; 



1907 



P. L. 



Sanatorium, 
Mont Alto. 



AN ACT 

Authorizing- the transfer of the control and man- 
agement of the Sanatorium on the State Forestry 
Reservation near Mont Alto, in Franklin county, 
from the Commissioner of Forestry to the De- 
partment of Health. 

Section 1. Be it enacted, &c., That in case the 
Department of Health shall, with the approval 
of the Governor, in the establishment of sanatoria, 
or colonies for the reception and treatment of in- 
digent persons affected with incipient tuberculosis, 
find it desirable to take over, control, and man- 
age the Sanatorium located on the State Forestry 
Reservation near Mont Alto, in Franklin county, 
established under the provisions of the act ap- 
proved May fifteenth, Anno Domini one thousand 
nine hundred and three, the Commissioner of For- 
estry is hereliy authorized and director to transfer 
said Sanatorium, and the management and control 
of the same, to the Department of Health, which 
is hereby authorized to receive, and henceforth of "Health 
manage and control, the said Sanatorium. 
Approved— The 1st day of June, A. D. 1907. 

EDWIN S. STUART. 

By Act of Assembly the Department of Health is directed 
to carry out the idea i-epresented by the Camp Sanatorium 
at Mont Alto, established by the Commissioner of Forestry" 
in 1903. 

For blank forms of application for admission to this Camp 
Sanatorium, address "Camp Physician, White Pine Camp, 
Mont Alto. Franklin County, Pa." 



Transfer 
fi'om Com- 
missioner of 
Forestry to 
Depai'tment 



AN ACT 

Establishing precautionary regulations to prevent 
forest fires on lands in which oil-wells and gas- 
wells are situated, and diminish danger there- 190T, p. l. 
from; maki>ig certain violations thereof misde- 527.' 
meanors, and prescribing punishment for the 
same, and in other cases affixing penalties and 
declaring lial>ilities for damages. 

Section 1. Be it enacted, &c., That fallows. Forest fires. 
stumps, log-s, brush, dry grass, fallen timber, or to^pV^evem 
tree-tops shall not be burned in any forest lands 



228 



CAMi':. J-'iSH AXI> I-'OltlOSTIty LAWS. 



I.lll 


kIh 


N|)i<n 


Wll 


l<:li 


1110 


oil 


and 


Kau- 


W<'l 


iM. 




Wll 


IT) 


fllf'H 


Ui;i 


V IK 


ll. l>o 


«ta 


rtcd, 




S\ 1 


KTl 


lllVM 


itiii 


y Iv 




Kin 


rtc<l 





VIolatlOHH. 



MlBdC- 

iricanor. 



('<»rnmlt- 

riicnt. 



I'mvlHo, 
Hull. 



Annual 
clearance (if 
liindH of In- 
iliiniiiinnie 
niatorlal. 



of this ( !()iiiiii()ii\v<:;ill li , in whicli Uicrv ;ii<' pio- 
(lucln/^ (>I1-w<:11h or i^uh-woIIh, or rij^H orftctcd l'<ji- 
(IriiliiiK Hurh vvt;ll.s, I'rotn the llr'Hl day of April 
i/i cacli y(!ur to Iho Lwi-nLh-th day of May rn;xt 
ciisiiitiK, Mor I'rotn (he Icrith day of S'*pt-<'Hil)cr 
in <!af;h year to th(i tenth day of November nt;xt 
eiiHiiin/.:. iOxeeptiriK' dwrin^ t^H! ijerirxjs aforesaid, 
Jircs may he set In Hueh lan(JH iiixm the follftvviiiK 
condilioriH. T'lrHt, Ihat written petinisHl(jn th(;ret.(). 
of the lire-warden of th(! rirojjer townnhlp, Hhall 
firsl lie ohlained; sccoiii], said fire'- warden .shall 
lie persdrifilly prc^sent whc^n .sueli fire is started ; 
iJiird, such ilr-e nhall not he starled dniiri;;' a 
Htr'on^ wind, ncjr withf)iJt .sufllei<!nt hcilp to con- 
trol the Harne at all titnes; fourth, HU(!h tire shall 
he watched aMd ^?iiarded, hy the {xirson by whom 



it is Htart'-d, 
shall he set , 
<'xe(!plinK up. 
afoi'(!Ha,id. Ai 
this section ;~ 
iHcaiior; and, 
any aldcrtnati 
said aldeririaii 
in I h'' sum no 



until it is extiiu;ulshed. No flrcts 
or allow'd Id hurn, in said lands, 
n compliaiicf with the (!onditioiiR 
ly person violating any proviHir)ns of 
hail ho deemed Ruilty of a misd(r- 
upon heirifjf (;()nviet(M] tluireof hefore 
or magistrate, sViaJl he fined hy th(^ 
or iTiaKlstratc!,- for the first (►ffciise. 
t loss tfian ten dollars or mor-e than 



twenty dollais, and for the ser-ond, and every 
snhsefpjent, offense, in ;i Slim not less than twenty 
nor r-xeecdiuK one hundred dollars, to he paid to 
the (bounty wlu fcin su<h offense may be ftommilted; 
and if said line or penalty and the; costs of the 
proeeiidiiiKH l)e not paid, then said alderman nc 
maKlstrale shall e(»mmit said offender to the county 
Jail, there to remain until disehaiK<'d by due eoui'Se 
of law: I'rovided, That when the fin(; imr)osed 
exceeds the suni of twenty dollais, the party (.'om- 
pialned apainst may appeal from the decision of 
said alderman or magistrate to thr; court of quar- 
ter sessions, upon his eiiteiitiK' hail, in th(> nature 
of a ret'o^ni/ance, in the usual manner, for his 
a|)pearance at said court, where the offense slifill 
he prosecuted in the same manner as is now di- 
i-ecled l)y law in otlier cases of misdem(ranor. 

Section 2. Any owner or lessee of any forest lands, 
or owner of trees ^rf)winK ur>on s.'iirl lands, or any 
pefsoM In charge of the premises upon which lands 
th(!re are producing oil-wells or ^'as-wells, or rigs 



CiAMI<:, I'MS>1 ANI> I'OIMsS'l'itY LAWS. 229 

(■if(\(-(l for drilling- HUfh Wf-lls, shjill, at l<;;iHf. oncf^ 
in ("dic.h yc-ar, cauHf? to Iw. romovod from said lands 
all brush, treo-tops, and branfhfs of trfffs, vvhif.h 
suf:li ownr;r, lftSHf•f^ or other r>^rHon In churm'. of 
thf; premlsf'S, may have out or filled thereon, 
within one hundred feet, respeetively, of all such 
wells or rij?s; and shall, at I'Hst onr-"f in the year, 
eause to be removed from said lanrl all fi^rass, 
brush, trees-tops, and branches of tr'^-es, and other 
inflammable material, within one hundred fer^t of 
fhe rij?ht of way of any railroar] '-ompany opr'r- 
atin«- thereon; to the f-nd that durintr the sprint,' 
and autumn S'^ason. as dr-flnerl in th'- first sfcition 
of this act, the said area shall \)c frff and clear 
of such lnfIammaF)le material. Tn ease any per- 
.•:on, partnershiri. or cf»rporation shall nr*ffiect to -'^''•Ki*-<;t. 
r»erform the duty imr'OS'-d by this sfrtion. the 
same shall be Iiat)l«' to a pr-nalty of fifty drillars F'ln*-. 
for failure, In any Instance, to comply with th*- 
duty imposed Ity this section; to be paid to the 
founty wlif-rp th*-- offense may bf comtriittfd. r"- 
eoverablf in an action of a^-sumpsit. in whir-h th" 
r-ountv wherein surh virjlation or<^ur sh;ill b- th" 
plaintiff. 

Section 3. Every railroad company shall, on suf-li ijutieH of 
part of its road as passes throuf?h ffjr'^-st lanrl on raDroa'i 
whieh there are produr-inj? oil-wflls or pras-w'lis, or co"ipanle«. 
rips ereeted for drilling' surh wflls, cut ar-fi r«'- 
move from its rierht of way through said lands, 
at least once a yar, all prrass, brush and oth<r 
Inflammabk- mfitr-rlals; f-mploylncr, in tlu- sfasrms 
df-fin"d in the f'rst «r.f-fi.,n of t^-Is act. sufTir-iont 
traekmen to promr»tly put out firm's on Its rie;ht 
of way; provide locomf)tivfs tliereon with str-el 
Pfttlnp: or iron wire on the smokestacks or other 
«^fflcient spark-arrest'rs. U> prr-v^nt the fsrane of spark-ar 
firr- rjr sparks, and ad'^ufitf df-vi^f-s to prevent thr» rcftoryi. 
csffi])C of fire from ash-pans anr] furnaces, and 
thf same shall be used by every engineer and 
fireman on surh part of It«« road. No railroad 
<-ompany, or employe thereof, shall deposit fire, 
<-(>'rt\H, fir ashes on its traek or riprht of way n'-ar j,,,,.,.^ 
sur-h lands. In r-ase of flrf on its f»wn or neiuhtior- 
injr lands, witliin one himdred feet of It** tr^eks. 
the railroad company shall use all nracticable 
m<*ans to put It out. Tn fasc- cf any \'iol;it|on of Vk-lation, 



230 



GAME, FISH AND FORESTRY LAWS. 



the provisions of this section, such railroad com- 
pany shall be answerable to the owner or owners 
of any property destroyed or injured by fire in 
consequence of such violation; and said company 
I'en'alty. shall further be liable to a penalty of one hundred 

dollars for such violation, to be paid to the county 
wherein the violation may occur, recoverable in an 
action of assumpsit in which the county whereiix 
such violation occurs shall be the plaintiff. 
Approved— The 12th day of June, A. D. 1907. 

ED WIN S. STUART. 



AN ACT 



1909. 
97. 



P. I.. 



Trees within 
highway 
limits. 
Forested or 
uncultivated 
lands. 

Beyond fif- 
teen feet 
from center 
line of road. 



Consent of 

abutting 

owner. 



Appeal. 



Hearing. 



To protect trees growing- by the roadsides and 
within the road limits; and providing a penalty 
for the unlawful killing-, removal of, or injury to 
the same. 

Section 1. Be it enacted, &c., That where any 
public hig-hway in this Commonwealth passes 
through or along forested lands, wild lands, or 
uncultivated lands, no trees growing- within the 
limits of the said highway, at a distance beyond 
fifteen feet on either side of the centre-line of said 
highway, which shall measure four inches or over 
in diameter at a point two feet from the surface 
of the ground, shall be cut down or destroyed by 
the commissioners, supervisors, or road-masters 
employed l)y them, or any other person, without 
first obtaining the consent of the abutting owners. 
If any board of commissioners or supervisors deem 
the removal of any such trees, beyond said limit 
of fifteen feet on each side of the centre-line of 
said highway, necessary for the improvement of 
the road, and the consent of the abutting- property 
owners cannot be obtained, the board of com- 
missioners or supervisors may appeal the matter 
to the judge of the court of the proper district; 
who is hereby directed to examine and inquire into 
all such subjects of dispute which may be referred 
to him, and, having due regard for the demand 
for road im.provement as well as for the preserva- 
tion of the trees, shall, after hearing- all parties; 



GAME, FISH AND FOR.:eSTRY LAWS. 231 

in interest, inake such order in respect thereof as o,ciei- 
to him shall appear reasonable, equitable, and 
just; and from whose decision there shall be no 
appeal: Provided, That the commissioners or proviso. 
supervisors shall at all times have the right to 
clear out brush and other refuse from along the r.ru.sh. etc. 
sides of the road, to the legal width thereof: And 
Provided further. That all such clearing and re- proviso. 
moval of brush and refuse shall be confined to 
growth that is under the limit hereinabove de- 
scribed, and to the removal of branches that in 
any way may interfere with public travel; and 
that no other injury, by fire, cutting, abrasion, 
or otherwise, shall be done to the standing timber. 

Section 2. Whenever any public highway running cultivated 
through improved or cultivated lands, in this Com- lands, 
mon wealth, has been opened, and there shall be 
growing along the roadsides, and within the road 
limits, shrubs or trees not interfering with public 
travel, no board of supervisors or road-masters, 
or other persons in their employ, shall remove, 
cut, injure, or destroy or in any other manner 
interfere with, such shrubs or trees, unless said (-.,^,ttinff 
removal or cutting shall be absolutely necessary shall' be nec- 
for the purpose of maintaining the highway at its essarj'. 
best and highest efficiency; and, then, not until 
the abutting property owners shall have received 
notice thereof, and an agreement shall have been Notice to 
entered into between the local highway authorities abutting 
and the abutting property owners relating to the o^^'ners?. 
removal, cutting, or interference with said trees. 
If the said parties shall be unable to arrive at an ^ppg^i 
agreement in respect thereto, the same shall be 
referred to a judge of the proper court, as afore- 
said. Said judge shall examine and inquire into 
the subject of controversy, and, in like manner, 
render his decision, as provided for in section one Decision, 
of this act; and from which decision there shall 
be no appeal. 

Section 3. All logs, cord wood, branch wood, or Logs, cord- 
other forms of wood, which shall be derived from wood, etc. 
the destruction or removal of any trees growing 
along the public highways of this Commonwealth, 
as aforesaid, shall be surrendered to, and remain 
the property of, the respective abutting owners. 



i32 



GAME, FISH AND FORESTRY LAWS. 



Windfalls, 
etc. 



Menace to 
travel. 



"Highway 

authorities' 

construed. 



Misde- 
meanor. 



Hearing. 



Section 4. Nothing in this act shall be so con- 
strued as to prevent the local highway authorities, 
anywhere in this Commonwealth, from removing 
such roadside trees which may be thrown down by 
the wind, or lodged in such position as to be a 
menace to public travel, or which, by reason of 
any other cause, become a source of danger to the 
public and ought to be removed; but every such 
act of removal on the part of the highway authori- 
ties shall always be made with due regard to the 
circumstances in such case, so as to preserve the 
true intent and purpose of this act. 

Section 5. The term "highway authorities" in this 
act shall be construed to mean any person who, 
by law shall be vested with the power to deal in 
any manner with the public highways of this Com- 
monwealth, and shall include the officials of the 
State Highway Department, supervisors, road- 
masters, and all persons employed by them in any 
capacity, or who exercise any authority over said 
roads or highways. 

Section 6. If any conimJssioner, supervisor, road- 
master, or person in their employ, or any other 
person, shall cut down, kill, or injure any living 
tree, growing as aforesaid, and of a size four 
inches in diameter, or greater, at a point two feet 
from the surface of the ground, or shall violate 
any other provision of this act, he shall be guilty 
of a misdemeanor, and, upon conviction thereof, 
shall be subject to a penalty of not more than five 
dollars for every tree so cut, injured, or destroyed, 
with costs of suit; to be recovered in an appropriate 
action to be brought before any magistrate, alder- 
man, or justice of the peace of the county wherein 
the said offense was committed, who, upon affl- 
davit of any person, duly presented, is hereby 
authorized and directed to issue his warrant to any 
person empowered to make arrests, directing him 
to arrest the person so charged. The said magis- 
trate, alderman, or justice of the peace shall, 
thereupon, proceed to hear both the complainant 
and the defendant and their witnesses, and shall 
forthwith decide as to him shall appear to be 
just and right. If any defendant upon conviction 
for any offence shall fail or refuse to pay the fine 



GAME. FISH AND FORESTRY LAWS. 



233 



and costs which may be imposed upon him, or 
shall not give bond with approved surety to pay 
the same within ten days, he shall be committed 
to the .iail of the county wherein the offense was 
committed, there to remain for a period not to 
exceed thirty days, or until he shall, in the mean- 
time, have paid the said fine and costs in full. 

Section 7. All acts or parts of acts in conflict 
herewith be and the same are hereby repealed. 

Approved— The 1st day of April. A. D. 1909. 
EDWIN S. STUART. 



Commit- 
ment. 



Repeal. 



AN ACT=^ 

Authorizing the Department of Forestry to grow ^^^ p ^ 

and distribute young forest trees to those who 115."' 

will plant and care for the same. 

Section 1. Be it enacted, &c.. That the Depart- Department 
ment of Forestry is hereby authorized to grow of Forestry 
and distribute, to all persons who will plant and 
care for them, young forest trees, in such quantity Young forest 
and under such conditions and regulations as may trees, 
be prescribed by the Department. The Depart- 
ment of Forestry shall make a reasonable charge 
for such trees, not in excess of the actual cost of 
production. Those who make application for such 
trees must enter into an agreement with the de- Agreement, 
partment to bear the cost of transportation from 
the various State nurseries to the place where 
ordered to be sent, and that the young trees will 
be planted under the direction of the Department 
of Forestry, and cared for and protected. 

Section 2. All moneys which may be received 
by the Department of Forestry, from the sale and 
distribution of young forest trees, as aforesaid, 
shall be paid by the said Department into the 
State Treasury, for the use of the Commonwealth. 

Approved— The 22d day of April, A. D. 1909. 

EDWIN S. STUART. 

♦Applications for forest tree seedlings must be made on 
blank forms furnished by the Department, and which will 
be ready for distribution about September 1. 1909. It is 
probable that only a limited quantity may be had prior 
to the spring of 1910. Shipments will ordinarily be made 
from the nearest State nursery where a sufficient stock is 
on hand. 



234 



GAME, PISH AND FORESTRY LAWS. 



AN ACT 



1919, P. L. 

124. 



Municipal 
rforests. 



Acquirement 
tand holding 
of. 



Size and li 
cation. 



Approval of 

Commis- 

.<^ionei-. 



To permit the acquisition of forest or other suitable 
lands by municipalities, for the purpose, of 
establishing- municipal forests; and providing for 
the administration, maintenance, protection, and 
development of such forests. 

Whereas, It has been demonstrated by time and 
experience in the countries of continental Europe 
that properly managed municipal forests have 
proved to be important sources of municipal 
revenue, tending greatly to reduce the burden of 
municipal taxation; and 

Whereas, Many of the townships, boroughs, and 
cities of this Commonwealth are so located that 
it would be proper and expedient for them to 
possess tracts of land to be used for the ^purposes 
of municipal forests, in many instances conserv- 
ing and protecting the water supply and promot- 
ing the healthfulness of said municipality, and 
capable, as well, of yielding revenue applicable 
to the purposes of such municipalities; therefore, — 
Section 1. Be it enacted, «S;c., That all townships 
of the first class, boroughs, and cities of this Com- 
monwealth are hereby empowered to acquire, by 
purchase, gift, or lease, and hold as the property 
of the municipality, tracts of land at present cov- 
ered with forest or tree growth, or suitable for the 
growth of trees, and to administer the same, under 
the direction of the Commissioner of Forestry of 
the Commonwealth of Pennsylvania, in accordance 
with the practices and principles of scientific for- 
estry, for the benefit and advantage of the said 
municipalities. Such tracts may be of any size 
suitable for the purpose, and may be located either 
within, adjacent to, or at a distance from the cor- 
porate limits of the municipality purchasing the 
same: Provided, That it shall be requisite for the 
commissioners, burgess, or mayor of any munici- 
pality, availing itself of the provisions of this act, 
to submit to the Commissioner of Forestry, and 
secure his approval of, the area and location of any 
lands proposed to be acquired for the purposes of 
municipal forests, previous to the passage of the 
ordinance provided for in section two. 



GAME, FISH AND FORESTRY LAWS. 



235 



Section 2. Whenever the township commission- 
<;is of any township of the first class, or the coun- 
•ciis of any borough or city, shall deem it expedi- 
eiit for the municipality to acquire any such lands 
for the purposes of a municipal forest, they shall 
so dtclare in an ordinance, wherein shall be set 
ioiih all facts and conditions relating- to the pro- 
posed action; which said proposed ordinance, prior 
to its passage, shall be duly advertised once a week 
for three weeks, and, after its passage and ap- 
proval, in accordance with existing law. All money 
necessary for the purchase of such tracts shall be 
-appropriated in like manner as is now^ done, under 
existing law, for municipal purposes; and such 
funds may be provided out of current revenue, or 
l)y the proceeds of a sale of bonds, in accordance 
with existing law. 

Section 3. Upon the acquisition of any municipal 
forests or of lands suitable for suc'h, under this 
act, the proper authorities shall notify the Com- 
p issioner of Forestry, who shall make such rules 
for the govei nment and proper administration of 
ihe same as may be necessary. The municipal au- 
thorities shall thereupon publish such rules, de- 
clare the uses of the forest in accord with the 
tiue intent of this act, and make such provision 
lor its adininistration, maintenance, protection . 
f nd development as shall be necessary or expe- 
•dient. 

Section 4. All moneys necessary to be expended, 
fiom time to time, for the administration, main- 
tenance, protection, and development of said for- 
est, shall be appropriated and applied as is now 
done, under existing law, for municipal purposes; 
and all revenue and emoluments arising from said 
forest shall be paid into the mamicpal treasury, 
to be used for general municipal purposes. 
/ Section 5. The municipal forest may be used by 
1hc people for general outing or recreation grounds, 
subject to the rules governing its administration 
fr.v the purpose of a municipal forest, in which 
t-'e major idea shall be the sale of forest pro- 
•diutj-. for producing a continuing municipal reve- 
nu(\ 

Section 6. The alienation of a municipal forest, 
•or any part thereof, shall be made only in the 



Ordinance. 



Facts and 
conditions. 



Advertise- 
ment. 



Appropria- 
tion. 



Bonds. 



Acquisition 
of forest 
or land. 



Public;; 



Mainte- 
nance, etc. 



Revenues, 
etc. 



Municipal 
revenue. 



236 



GAME, FISH AND FORESTRY LAWS. 



Puijulai 
vote. 



manner prescribed herein for the purchase of thf» 
same; to wit, by ordinance duly advertised before 
and after passage, but such ordinance shall not be 
effective in leg-alizing- such alienation until after it 
shall have been approved by a majority vote of the 
people at the next ensuing election. 
Approved— The 22d day of April, A. D. 1909. 

EDWIN S. STUART. 



AN ACT 



1909. P. L. 
413. 



Lands, va- 
cant or un- 
appropri- 
ated. 

Duty of Sec- 
retary of In- 
ternal Af- 
fairs. 



Survey, 



Report. 



Proviso. 



Relating to the granting of titles by the Common- 
wealth of Pennsylvania to vacant or unappro- 
priated land, the price to be paid for the same, 
the conveyance to the State Forestry Reservation 
Commission, where desirable for forest culture or 
forest preservation, preventing the granting of 
warrants for the beds of navigable rivers, and 
providing for acceptance of returns of surveys 
without limitation as to excess or surplus. 

Section 1. Be it enacted, &c., That whenever an 
application shall be made to the Secretary of In- 
ternal Affairs for any vacant or unappropriated 
land, of any kind or description whatsoever, it 
shaJl be the duty of the Secretary of Internal 
Affairs to make or cause to be made a careful 
investigation concerning the land applied for in 
said application, with a view of determining, so 
far as practicable, whether any office rights have 
heretofore been granted for the land described in 
said application; and he may also, at his discre- 
tion, cause a survey to be made thereof, to ascer- 
tain whether such land is vacant or unappro- 
priated, and if it shall be found that the land 
described in said application has heretofore been 
appropriated, or thai it is not vacant or unappro- 
priated land, he shall make a report to that 
effect, which report, together with others relating 
to the proceedings in the case, shall be filed among 
the records of the Land Office, and shall be con- 
clusive as to the question of vacancy: Provided, 
however, That the applicant shall be entitled to an 



GAME, FISH AND P^ORESTRY LAWS. 



237 



appeal to the Board of Property under such rules 
as said Board of Property may adopt. 

If, in the opinion of the Secretary of Internal 
Affairs, the land applied for shall be vacant or 
unappropriated, it shall lie the duty of the Gov- 
ernor of the Commonwealth, the Attorney General, 
the Secretary of the Commonwealth, and the Sec- 
retary of Internal Affairs to appoint three disin- 
terested reputable persons to estimate and valu<^ 
the land so applied for. who shall, before they 
enter upon the duties of their appointment, take 
an oath or affirmation. Iiefore a justice of the 
peace or other officer having- authoritv to admin- 
ister an oath, that they will justly estimate and a 
true valuation per acre make of all the land con- 
tained in the tract applied for: and,' also, they 
shall state that they are not directly or indirectly 
interested in the application for the land applied 
for. 

The persons thus appointed and sworn or affirmed 
shall proceed to value the land by i'-rung: on the 
same, and, having- regard to the soil, timber, fish- 
eries, minerals, other advantag^es, and the local 
situation thereof, and, having- ag^reed upon th'^ 
valuation per acre of the land so applied for, shall 
certify the same, under their hands, directed to 
the Secretary of Internal Affairs; and in ciS'^ th^y 
refuse or neg-lect to perform any of their duties 
as aforesaid, witliin ninety days from the dat" of 
their appointment, then said appointment shall 
become null and void; and it shall be the duty of 
the Governor of the Commonwealth, th^ Attorney 
General, the Secretary of the Commonwealth, and 
the Secretary of Internal Affairs to appoint thrpe 
other persons to estimate the lands, as herein- 
before provided. Upon the receipt of the report 
of the appraisers, the Secretary of Internal Affairs 
shall notify the applicant of the value given to 
the land so applied for, and shall request paym^^nt 
of the amount due the State by virtue of such ap- 
praisement, and until such payment is made, ac- 
cording- to the price fixed by the said appraisers 
and within the time hereinafter specified, the Sec- 
retary of Internal Affairs shall withhold the grant- 
ing of the warrant. 

If payment is made in accordance with such ap- 



Appi-aiisers. 



Certificate 
of value. 



In case of 
refusal or 
neRlfct. 



Other ap- 
praisers. 



Report. 



Request for 
Ijayment. 



2'38 



GAME. FISH AND FORESTRY LAWS. 



Proviso. 
State For- 
esti-y lieser- 
vatlon Com- 
mission 
phall have 
notice. 



Report. 



Warrant 

and patent. 



praisement, the money so paid shall be immediately 
turned into the State Treasury, and the Secretary 
of Internal Affairs shall grant title to the appli- 
cant for the land so applied for and appraised, in 
the manner now provided by law, and th& ex- 
penses incident to the investig-ation. survey, and 
appraisement shall be paid by the Commonwealth: 
Provided further, That before appraisers shall b :• 
appointed as herein stipulated it shall be tlie duty 
of the Secretary of Internal Affairs to submit to the 
State Forestry Reservation Commission a copy of 
the application made for said vacant or unappro- 
priated land, together with a description thereof 
as ascertained through said investigation and sur- 
vay; whereupon it shall be the duty of the said 
State Forestry Reservation Commission to deter- 
mine whether it is desirable or practicable that 
such vacant or unappropriated land should be ac- 
quired for forest culture or forest reservation; and 
said State Forestry Reservation Commission shall, 
within the period of two months, make report to 
the Secretary of Internal Affairs as to the desir- 
ability or practicability of securing- such vacant 
or unappropriated land for forest culture or foresT 
reservation; and if in said report a request shall 
be made for the conveyance of such vacant or 
unappropriated land to the State Forestry Reser- 
vation Commission, it shall be the duty of the 
Secretary of Internal Affairs to grant a warrant 
and patent, according to the usual custom of the 
Land Office Bureau, conveying- such vacant or un- 
appropriated land to the State Forestry Commi.-;- 
sion, without the payment of any purchase money, 
interest, or fees. 

Section 2. That whenever such vacant or unap- 
propriated land shall not be conveyed to the Stat^ 
Forestry Reservation Commission, as provided in 
the first section of this act, it shall be the duty of 
the person or persons making application, as afore- 
said, for such land, to pay the amount of money 
as fixed by the appraisement into the office of the 
Department of Internal ^ffajrs, within threp 
months from the date of the filing of the report 
of the appraisers in tlie Department of Internal 
Affairs, due notice of which shall be mailed to the 
applicant by the Secretary of Internal Affairs: and 



GAME, FISH AND FORESTRY LAWS. 



if such applicant shall not make payment within 
the time specified, he shall be deemed to have 
abandoned the purpose of securing- a grant from 
the Commonwealth for the land so applied for and 
appraised, and such vacant or unappropriated land 
may then be disposed of to any applicant therefor, 
on the payment of the price as fixed by the report 
of the appraisers as hereinbefore provided : Pro- 
vided however, That in cases where caveats are 
filed and pending before the Board of Property, the 
time sliall be extended to cover their determination 
by that board. 

Section 3. That on and after the passage of this 
act, there shall be no warrants or other office rights 
granted in any of the counties of the Common- 
wealth for lands in the beds of navigable rivers, or 
in beds of streams which are by law declared pub- 
lic highways. 

Section 4. That whenever the State Forestry 
Reservation Commission shall apply for vacant or 
unappropriated land for forest culture or forest 
reservation, the Secretary of Internal Affairs is 
hereby authorized to grant title to such applied 
for lands in the manner provided by law, without 
the payment of purchase money, interest, or fees. 

Section 5. This act shall not be construed to 
affect any pre-emption rights which may have 
been acquired under existing laws, or the right of 
any person who may have an application for vacant 
land pending with the Secretary of Internal Affairs, 
of the date of the approval of this act. 

Section 6. That the Secretary of Internal Affairs 
is hereby authorized and empowered to accept any 
and all surveys, regularly made and returned to 
the Department of Internal Affairs, in pursuance 
of any warrant, location, actual settlement, or 
order of survey, without limitation as to the quan- 
tity of excess or surplus over the amount specified 
in the warrant or application: Provided, That the 
purchase money and interest on such excess be 
paid into the State Treasury at the rate stipulated 
in the warrant, or as otherwise required by law, 
prior to the acceptance of the return of survey 
and issuance of a patent thereon: And provided 
further, That no acceptance of a return of survey 
shall, in any case, prejudice or affect the right 



Non-pay- 
ment of 
valuation. 



Beds of 
navigable 
riveis, etc. 



Application 
by Forestry 
Conimission. 



Pre-emption 
riglits. 



Excess or 
surplus. 



Payment of 

pui'chase 

monej'. 



Proviso. 



SiO 



GAMiC. 1>'ISII ANP KOKl^srUV LAWS. 



rant, 






or titlo of any other person In or to such excess or 
surplus hind by virtue of a prior \Yarrant. location, 
iietuai settlement, or order ot survey thereon, 

Section 7. The act of Assemhly. entitled **An 
act relating- to the gTanting- of titles by the Com- 
monwealth to vacant or unapprv»priatt>d land, the 
price to be paid for the samw. the conveyance to 
the State PorestVy Reservation Oommission wher© 
desirable for foivst cultuiN? or forest preservation, 
and prevent ing the granting of warrants for the 
beds of navigable rivers." apprvned the twenty- 
eighth day of March. Anno l\Mnini one thousand 
nine hundred and five, is hereby repealed; and aU 
other acts or parts of acts, inconsistent with the 
provisions of this act. are also hereby ivpealed. 

Approved— The Sd day of May. A. D. li>09. 

EDWIN S, ST r ART. 



AN ACT 



Jt4. 



F U 



t*T-ii>4tnM<i«. 



IVfAmMst 






Providing a fixed charge on lands acquiivd by the 
State for forest i-eserves. and the distribution of 
the same for school purposes in the to\vnshiv>s 
and bonnighs wheivin State reserves ai-« located. 

Whereas. The Commonwealth of Pennsylvania is 

acQuiinng lai'gv tracts of land in its sevei^ coun- 
ties for the purvH^se of establishing forest reserves, 
which lands aiv exempt from taxation; and 

Wheivas. Because of svich exemption, the several 
school districts within which said x^eserves are lo- 
cated lose the ivvenue se<'ured from prior taxation, 
thus working a hardship upon the eitiaens of said 
districts; theivfoiv. 

Section 1. Be it enav^ted. &c.. That from and 
afler the passagv of this act. all lands now ac- 
quired or hereafter to be acviuiivd by the Common- 
wealth for fv^rest ivserves. and which by existing 
law are now exempt fivm taxation. sha-U K^ subject 
to an annual charge of two cents j>er acre for the 
benefit of the schools in the respective districts in 
which said reserves are located; Provided. That 
no sch*.K>l district shall be entitled to reeeive any 



(JAMI':. l-'ISn ANI) l-'oUlsS'li: Y LAWS. 241 

Mum of rnon<iy fiotn llw. HIatc. iiii<l<r IhiH act, 
iinlr-HH Hn.lfl 8(;h()()I fliHtrld Hhall hvy and coljcot a 
lax. for llic Hiii»|M)i'l of llM hcIiooIm, of not Ir^HH than 
four MilllH on (lie dollar ol' I he aMMf-HHCij vjiluutlori 
nf proixTly in naid Hchool dlMtrlcf, 

Hffllon 2. 'I'Ik^ <;ornrnlHHlon«T of FovcHiry Hhall 
<<'rMfy to I lie ti-H\>(-i'\[v<' Hchool dlHtrlrU throuKh- 
oijj (hf ( 'oiriinonwcaJMi in vvhlidi forfHl n-Hi-vvH are 
loca.l<(i, and lo liic Slalf 'i'r<aHnnr. Wn- rininlxT 
of acres owned \»y the ( 'ornnMjnwcallli liKTcln, for 
fon^Ht r<iHt'rv<! purpoHctH, Jirul Ww anioiinf (»f th<' ,,,,^^ ,„^y. 
'hurjifp In favor of rMich dl»trl<l. 'I'lic (Utinruin- iibi<'. 
sioncr of (''orcHlry Hhall draw IiIh w/iiraril In favrir 
of \h<- ircaHiu'cr of facli of Hald hcIjooI dlHlrlctH, 
\\'lj|<h Hald vvaiTanlH. afl'T the approval and 
counter Hl;,'nal.iirc of ilx- Auditor (<«'n<-ral of the 
<'oinrnonw«'allli. Hhall l.c paid l)y the Htatc TreaH- 
urc)- to I I'll! rcHpf'ctivc Hchool dlHlri«'tH In whoH*^' 
I'avor liic name may \>(- ho drawn; and th<* Hiirn of 
forty thounand dollarn, or ho rnurh thereof an may 
he neec'HKary, l)e and the name 1h here|)y speclfl- 
<-ally ajiproprla ted, for the putfjoHen of ihlH :ir\ , for 
th(» two (iHeal yeaiH he^vhinliiK .June ili>t , one 
tiiouHand rdne hundred and nine. 

Section ,'!. 'I'liaf all aels or parts of act?; ineiui- 
.;iHl<rit licrewlth \k- .hmI IIh' name an- hen-hy r^'- 
p.aled. 

Approved Thr |;:il, day of May. A. D. 1009. 

101) WIN R. STITAKT. 



AN A<"l' 

To ei(}it<" a HyHtem ^)f flie- waideriH to preneive the 
CorentH of the (V)mmonw<'alt h. liy preventing and 
HUpjjreHHlnK forent fIreH, and pr«'Heril)lnK' penaltleR 
for the violation thereof; providing; for tho com- 7^1 
peiiHaliJUi (»f the flre-wardeuH and those whf» 
aHHlHt In extlnKiiinhirur (he, .md tri;ikirir an ap- 
propriation then-for. 

Section 1. He It enacted. &c.. 'i'hat there be pirc-war'leB 
h(*r<'hy InHtltuted and created a syntem of fire- MyHt«m. 
wardens, williln IhlH Commonwealth, whoHe duty 

16 



I!t01 



242 



GAME, FISH AND FORESTRY LAWS. 



Chief Fire- 
warden. 



Deputy. 



Appoint- 
ments. 



District fire- 
wardens. 



Badge. 



Duty of 
wardens. 



Authority. 



it shall be to protect forests, farmers' woodlots, 
and wild lands by preventing and suppressing fires. 

Section 2. The Commissioner of Forestry and 
the Deputy Commissioner of Forestry shall be, re- 
spectively, the Chief Fire Warden and the Deputy 
Chief Fire Warden of this Commonwealth, for the 
enforcement of the provisions of this act. They 
shall have immediate supervision and control of the 
whole system of fire-wardens hereby created, and, 
as such, shall have full power and authority to 
carry the same into effect. 

Section 3. As soon after the approval of this act 
as may be convenient, the Commissioner of For- 
estry shall appoint in each borough and township 
in tills Commonwealth, if in his judgment neces- 
sity exists for such appointment, a suitable and 
competent person, who shall be known as the dis- 
trict fire-v.arden of the particular borough or town- 
ship wherein he shall be appointed. The persons 
appointed district fire-w'ardens shall be expressly 
chosen to carry out the provisions of this act, by 
reason of their physical fitness and their good repu- 
tation for sobriety, honesty, and ability to perform 
the duties herein demanded and required. 

Section 4. Every district fire-warden and every 
assistant fire-warden, appointed or provided for 
under the provisions of this act, shall procure, at 
his own expense, and wear and be known by, an 
appropriate badge of authority, to be approved by 
the Commissioner of Forestry, which shall bo pro- 
duced and shown on all proper occasions, whenever 
demanded. 

Section -5. ^Vhenever fire is discoverer ir; or an- 
proaching woodlots. forests, or wild innds. whether 
the samo be owned bv individuals, corporq tior«s or 
bv th" Cornp^nnwefilth. it shall be tb" dntv of th*^ 
fire-warden, immediately, to take such measures as 
are necessary for tho extincrui.shment of th*-^ fire. 
He shall have authority to employ such other per- 
sons as. in his judgment, may bp> necessarv to 
render assistance in extinguishing fire: nrd when- 
ever it shall not otherwise be possible for him to 
secure a sufficient number of p<='rsons to assist in 
extinguishing fire, he is hereby given the power and 
authority to compel the attendance of, and the 
rendering of assistance by, persons, in the extin- 



GAME. FISH AND FORESTRY LAWS. 



243 



guishing- of fire under the penalties prescribed in 
this act. The district fire-warden, while engaged 
in performing the duties imposed by this act, shall 
receive as compensation twenty-five (25c) cents per 
hour, and his actual, necessary expenses incurred: 
and the persons so employed, or compelled to assist 
the warden, in the extinguishment of fire, shall re- 
ceive as compensation for their services fifteen 
(15c) cents per' hour. 

Section 6. The employes of the Department of 
Forestry shall be exofficio fire-wardens, whose 
duties and powers shall be the same as, by this 
act, are vested in the district fire-wardens ap- 
pointed by the Commissioner of Forestry; taut they 
shall not receive any compensation other than th- 
reg-ular pay allowed as an employe of the Depart- 
ment of Forestry, and the necessary expenses bv 
them incurred in the performance of their duties 
as fire-wardens. 

Section 7. Nothing in this act shall be so con- 
strued as to relieve the owner or lessee of lands, 
upon which fires may burn or be started, from th'- 
duty of extinguishing such fire so far as may li^ 
within his power. No such owner or lessee, nor 
any person in the employe of such owner or lessee, 
shall receive any compensation under this act for 
extinguishing fire upon the lands of such owner or 
lessee. 

Section 8. In each township and borough th-^ 
district fire-wardens, appointed by the Commis- 
sioner of Forestry, may appoint, by and with the 
consent of the Commissioner of Forestry, suitable 
persons, to be known as assistant fire-wardens, 
who shall possess the same qualifications demanded 
by this act for the district fire-wardens, and who 
are hereby vested with the same power and au- 
thority. They shall receive, as compensation for 
their services so to be performed, the sum of 
twenty (20c) cents per hour, and the necessary ex- 
penses incurred in thf^ actual performance of th^^ir 
duty. They shall make their reports to the district 
fire-warden, and be under his immediate super- 
vision and control, subject to the supervision of the 
Commissioner of Forestry. 

Section 9. Whenever a forest, woodlot or wild- 
land fire shall have been combatted or extinguished, 
by the means provided for in this act, the district 



Camp 'i.-;t- 
t.cn. 



Emplo.\e.s of 
Department 
of Forestry. 

Duties and 
powers. 



Dutie.s 
owners 

lessees. 



Assistant 
fire-war- 
dens. 



Conii>ensa- 
tion. 



244 GAME, FISH AND FORESTRY LAWS. 

fire-warden shall prepare a correct statement, 
showing the date of the fire, the number of men 
employed to extinguish the fire, the number of 
hours each was employed, and the actual amount 
of expense incurred, verified by oath or affirmation, 
and shall forward the same at once to the Commis- 
sioner of Forestry. It shall be the further duty of 
the (^strict fire-warden thoroughly to investigate 
the cause or origin of the fire, to collect such 
evidence as may be discovered relating thereto, 
Report. and make a report thereon to the Commissioner 

of Forestry, together with a statement showing the 
area burned over and damage done by the fire. The 
assistant fire-wardens shall render their accounts, 
under oath or affirmation, to the district fire- 
warden, who shall thoroughly investigate the facts 
therein stated, and, if he find them correct, shall 
transmit the same to the Commissioner of Forestry. 
The above reports and accounts shall be made upon 
uniform blanks to^ be furnished by the Commis- 
sioner of Forestry.* 

Section 10. Upon receipt of bills for extinguishing 
forest fires, the Commissioner of Forestry is hereby 
authorized and directed carefully to audit the 
same. He shall not approve any bill until he has 
first satisfied himself of its correctness, and that 
the services therein claimed were actually rendered, 
or the expense actually incurred. If the Commis- 
sioner of Forestry approve an account so rendered, 
he shall transmit the same to the Auditor General 
Warrants. of the Commonwealth; who shall first satisfy him- 
self of its correctness, and shall then draw his 
warrant, against the fund hereinafter aopropriated 
to pay for the extinguishment of forest fires, and in 
favor of the respective district fire-wardens, as di- 
rected by the Commissioner of Forestry. Said war- 
rants shall be delivered to the Commissioner of 
Forestry, for transmission to the district fire- 
wardens, who are hereby then required to pay the 
several sums so transmitted to the persons law- 
fully entitled thereto, taking proper receipts and 
Vouchers. vouchers for each payment so made, which vouch- 
ers shall be filed with the Commissioner of For- 
estry. 

Section 11. At the end of each calendar year, 
after the bill for the extinguishment of forest fires 



GA^JE FISH AND FORESTRY LAWS. 



shall have been presented for that year, the Aud- 
itor General of the Commonwealth shall prepare a 
statement showing the expenditure made for the 
extinguishment of fires in each of the counties of 
the State, and shall transmit to the Commissioners 
of each county a copy of the statement relating to 
their respective county. The Auditor General shall, 
at the same time, state an account with each 
of the said counties, and collect from each 
county an amount equal to one-fifth of the amount 
expended by the Commonwealth for the extinguish- 
ment of forest fires in that particular county. The 
county commissioners of each county shall, imme- 
diately upon receipt of the stated account of the 
Auditor General, forward to him for the use of the 
Commonwealth, the amount of money so found to 
be due and owing by the county for the extinguish- 
ment of forest fires. In case the said account is 
not settled within thirty days after its receipt by 
the county commissioners, the Auditor General is 
hereby authorized, empowered, and required to col- 
lect the amount of the then delinquent account 
stated, in manner provided by existing law for the 
collection of accounts due the Commonwealth. 

Section 12. The said fire-wardens shall not be 
limited in their jurisdiction, as such, to the bor- 
oughs, townships, or counties for or within which 
they may be appointed; but shall have power and 
authority to enter adjacent or other boroughs, 
townships, or counties, and there exercise the au- 
thority and perform the duties conferred upon them 
by this act: Provided, That when, for the purpose 
of extinguishing fire, a fire-warden shall enter ad- 
jacent or other territory than that for or within 
which he shall hav^ l)een appointed, the local 
warden, if present, shall be in command and direct 
the work of the various fire-fighting, crews. 

Section 13. Whenever any fire-warden, or person 
employed by him, shall have renederd service in 
the extinguishment of fire which may have burned 
within two or more counties, the district fire-ward- 
en shall render to the Commissioner of Forestry his 
report, as hereinbefore required, relating to each 
of the said counties, in order that the expense of 
extinguishing fire may be rightly and properly dis- 
tributed between or among the counties in which 
fire may have burned. 



Auditor 

(jenerar? 

statement. 



Stated ac- 
count with' 
counties. 



Jurisdictiora 
of wardens.. 



Fiie.s in t\V( 
or more 
counties. 



246 ( AME, FISH AND FORESTRY LAWS. 

Substitute Section 14. Whenever any fire- warden, by reason 

wardens. (jf physical disability, or unavoidable absence froin 

home during- the fire season, or for any good 
and sufficient cause, shall be unable to perform the 
duties required by this act, he is hereby empow- 
ered, with the consent of the Commissioner of For- 
estry, to employ a suitable person to act in his 
.^tead; which said person, so appointed, shall have 
all the qualifications demanded of the fire-warden, 
and for services so rendered, in the absence of the 
fire-warden, he shall receive the same compensa- 
Froviso. tion: Provided, That the reports hereinbefore re- 

quired to be made to the Commissioner of Forestry 
5- hall be made by the district fire-warden. In case 
the death of the district fire-warden should occur 
before making- the report herein required, or in 
case of his total physical disability, the said report 
may be made by an assistant fire-warden, after 
first ascertaining the facts; and in making such ex- 
amination or investigation, such assistant fire- 
warden is hereby empowered to examine persons, 
imder oath or affirmation to be administered by 
himself. 
T'nauttioriz- Section 15. Whenever, in the absence of a fire- 
•cni services, warden, a forest, woodlot, oi- wild land fire shall 
be extinguished or combattcd by persons without 
first having been employed by said warden, such 
persons shall receive the compensation allowed liy 
this act: Provided. That after a thorough investi- 
gation by the district fire-warden, wherein he shall 
have power and authority to examine persons und^^r 
oath or affirmation, administered by himself, he 
shall have ascertained, as a result of his investiga- 
tion, the facts hereinbefore required to be included 
in his report to the Commissioner of Forestry, the 
truth of which he shall first have fully demon- 
f^r.vi.so. strated to his own satisfaction: Provided further. 

That if his investigation shall disclose that any 
person, so claiming compensation, set the fire, or 
in any manner, carelessly, negliirently, or mali- 
ciously, contributed to its burring, such person 
not only shall not be allowed compensation, but 
shall be proceeded against criminally, if in the 
judgment of the Commissioner of Forestry the evi- 
dence shall warrant such prosecution. 



GAME FISH AND FORESTRY LAWS. 



241 



Section 16. No fire-warden, appointed in accord- 
ance with the provisions of this act, shall be per- 
sonally liable to any person employed or required to 
combat or extinguish fire, by reason of such em- 
ployment or requirement; and no action for any 
compensation alleged or claimed to be due any per- 
son for combatting or extinguishing- fire siiall lie 
against such fire-warden. 

Section 17. If any person shall feel aggrieved by 
the act of any fire-warden, in allowing or disallow- 
ing any sum as compensation for extinguishing 
fires, such person may appeal to the Commissioner 
•of Forestry, who will examine into the complaint. 
After hearing the proofs and allegations of the 
parties, he shall decide as to him shall seem just 
and right, and his decision shall be final and not 
subject to review. 

Section 18. During the months of April and May 
and the period from September fifteenth to No- 
vember fifteenth, in each year, commonly called the 
fire seasons, in orc^er to prevent fire and provide 
for its immediate suppression, the fire-wardens 
may. in the discretion of the Commissioner of For- 
estry, be required to keep daily patrol in the 
regions under their care known to be especially 
hazardous or subject to outbreak of fire. For such 
services, so to be rendered, the fire-wardens, in 
addition to the compensation hereinabove allowed, 
shall be entitled to receive a stated sum, not in 
excess of twenty-five dollars per month, to be fixed 
and allowed by the Commissioner of Forestry. The 
Commissioner of Forestry shall, likewise, designate 
the fire-wardens fo' such continuous service, and 
the places to be pa •rolled by them, as in his judg- 
ment will produce the best results in the preven- 
tion or immediate suppression of fire. All sums 
of money which n ay tlius become due to fire-ward- 
ens for continuo is patrol service, and all other 
sums of money v hich may be earned by them and 
others in the pi »vention and suppression of fire, 
shall be paid in Planner hereinbefore provided, from 
the fund approp-iated for thi^ use of the fire-ward- 
en system creat ^d by this act. 

Section 19. Tlvery fire-warden appointed, or so 
■constituted anc* designated, in accordance with the 
provisions of t'lis act, shall have the same powers 



Personal 
liability. 



Com plain Is 
as to com- 
pensation 
allowed. 



Daily patrol. 



Payments. 



Powers of 
constables. 



248 



GAME, FISH AND FORESTRY LAWS. 



Failure to 

perform 

duty. 



Misde- 
meanor. 



Penalty, 



Refusal to 
kM wardens. 



as by existing law are conferred upon constables 
and other peace officers, to arrest on view, without 
first procurinf,- a warrant therefor, any person de- 
tected by them in the act of committing an offence 
against any of the laws now enacted or hereafter to 
be enacted fcr the protection of forests, woodlots, 
timber or wild lands, or when they shall have a 
reasonable suspicion that any person is committing 
or is about to commit some such offence. The said 
wardens shall have further power to take and 
convey the offender liefore a justice of the peace, or 
other magistrate having jurisdiction, for hearing, 
trial, or other due process of law. 

Section 20. If any fire-warden shall fail, or wil- 
fully or negligently refuse, to perform his duty, or 
shall render a false or fraudulent statement of 
services alleged to have been performed; or shall 
fail or refuse to pay promptly the respective 
am.ounts due those who have assisted in the extin- 
guishing of said fires, after said amounts have 
been transmitted to him by the Commissioner of 
Forestry; such fire-warden shall be deemed guilty 
of a misdemeanor, and, upon conviction thereof, 
shall be fined in a sum not exceeding one hundred 
dollars, or undergo imprisonm.ent not exceeding 
three months, either or both, at the discretion of 
the court. 

Section 21. If any fire-warden, being in need of 
assistance in the suppression of fire, shall call upon 
any person to render such assistance, and such per- 
son shall refuse to render assistance, without a 
just, fair, and legal excuse, and one which is satis- 
factory to the fire-warden, he is hereby declared 
to be guilty of a misdemeanor, and, upon conviction 
thereof, shall be sentenced to pay a fine not exceed- 
ing fifty dollars, or imprisonment not exceeding one 
month, either or both, at the discretion of the 
court. 

Section 22. That the sum of eighty thousand dol- 
lars, or so much thereof as may be necessary, be 
and the same is hereby specifically appropriated, 
for the payment of the expenses which may be in- 
curred in the prevention and extinguishment of for- 
est fires, in accordance with the provisions of this 
act, for the two fiscal years beginning June first, 
one thousand nine hundred and nine. 



GAME, FISH AND FORESTRY LAWS. 24» 

Section 23. That all acts or parts of acts incon- Repeal, 
sistent herewith be and the same are hereby re- 
pealed. 

Approved— The thirteenth day of May, Anno 
Domini one thousand nine hundred and nine, in the 
sum of $50,000. I withhold my approval from the 
remainder of said appropritaion because of insuffi- 
cient State revenue. 

EDWIN S. STUART. 



250 GAME, FISH AND FORESTRY LAWS. 



RULES FOR THE GOVERNMENT OF THE STATE FOREST 
RESERVES. 

1. The game, fish, and forest laws of the State must not be 
violated. 

2. Birds' nests must not be destroyed or in any other manner 
interfered with. 

3. Open camp fires or other fires must not be made, except 
in a hole or pit one foot deep, encircling the pit so made by 
the earth taken out. 

4. Every camp fire or other open fire must be absolutely 
extinguished before the last member of the party using- it 
leaves the locality. 

5. Lighted matches, cig-ars, cigarettes, or hot ashes from 
pipes must not be thrown upon the ground. In every case 
they must be allowed to burn out or be otherwise extingruished. 

6. Living- trees must not be cut down or injured in any 
manner. Dead and down timber may be used for camp fires, 

7. No person will be permitted to erect a camp who has not 
promised in writing to obey the camping rules and received 
a camping- permit. When requested, every camping party, 
before selecting a camp site or pitching a camp, must report 
to a forest officer on the Reserve, who will assign a suitable 
camp site within the region where it is desired to locate. No 
camping party shall consist of more than ten persons at one 
time. Permits will be granted for a period of three weeks only. 

8. Every person receiving a camping permit must report to 
the Commissioner of Forestry at Harrisbur?', any violation of 
law or of the rules for the government of the State Forest 
Reserves, coming under his observation. 

9. No permanent camp or other permanent structure may be 
erected within the Reserve. 

10. The pre-emption of any ground as a special camp site to 
the exclusion of others who may desire to camp near, and who 
have permission to camp within State Forest Reserves, will 
not be permitted. 

11. All persons who desire to picnic within the State Forest 
Reserves, remaining for a less time than a day, and not over 
night, are not regarded as campers and will not be required to 
procure a camping permit, but will be governed in all other 
respects by these rules. 

12. During the open deer season in each year, no dog of any 
description shall be used for hunting purposes within the State 
Forest Reserves, nor shall any dog during that period be taken 
by hunters into camps on said lands. 



GAME, FISH AND FORESTRY LAWS. 251 

13. The making- of fires by hunters who stand on deer or 
other "runways" is forbidden. 

14. The placing- of advertisements within the State Forest 
Reserves is prohibited. 

15. Forest Officers are required to remove immediately from 
State Forest Reserves all persons who take deer running dogs 
thereon, and to kill the dogs when found in pursuit of deer. 
They are also required to remove therefrom all persons who do 
not properly guard their camp or other fires so as to prevent 
destruction of State property by the starting of general forest 
fires, and campers who do not have proper camping permits. 

16. All persons who desire to camp within the State Forest 
Reserves must first apply to the Commissioner of Forestry. A 
Ijlank application containing an abstract of the rules for the 
government of campers will be forwarded to the applicant, who- 
must sign and return the same to the Commissioner. If in 
proper form, in the absence of other objections, a permit will 
then be granted. 

IT. All grazing of horses, cattle, sheep, and hogs within the 
State Forest Reserves is prohibited, except under direction of 
the Cominissioner of Forestry. 

18. The breaking of trees or shrubbery or the pulling up of 
small trees is prohil^ited except for botanical purposes, for 
which a permit may he procured from the Commissioner of 
Forestry. 

TAKE NOTICE THAT 

Persons who violate the laws or any of the above rules will 
subject themselves to immediate arrest without warrant, to be 
dealt with according to law; and may be denied all future 
privileges of camping, hunting, or fishing within the State 
Forest Reserves. 

All State Forest Officers, without first procuring a warrant, 
are vested by Act of Assembly with power to arrest on view 
all persons detected by them in the act of trespassing upon 
forest or timber lands within the Commonwealth, under such 
circumstances as to warrant tli^reasonable suspicion that such 
persons have comi-nitted, are committing, or are about to com- 
mit some offense against any of the laws now- enacted or here- 
after to be enacted foi- the protection of forest and timber 
lands. They are likewise vested with similar powers of arrest 
in the case of offenses against these Rules, or for offejises com- 
mitted against the laws for the protection of the fish and game^ 
found within the State Forest Reserves. 

COMMISSIONER OF FORESTRY. 



252 GAME, FISH AND FORESTRY LAWS. 



SUGGESTIONS FOR ORGANIZATION OF GAME, FISH 
AND FORESTRY ASSOCIATIONS. 



CONSTITUTION. 
Article I. 
The name of this association shall be 

Article II. 

Any reputable, law abiding person shall be eligible to mem- 
Joership herein who shall be, etc. 

Article III. 

The officers of this association shall consist of a President, a 
Vice President, a Secretary, and a Treasurer who together 
with five other members of this Association, to be elected l^y 
the association, shall compose the Executive Committee during 
the year of their election. 

Article IV. 

The Executive Committee shall have full charge of the busi- 
ness of this association, shall receive and investigate all com- 
plaints coming to them of violations of the forestry, the game, 
or the fish laws, and at once prosecute or, through the Secre- 
tary, notify the Commissioner of Forestry, the Commissioner 
of Fisheries, or the Secretary of the Game Commission at Har- 
risburg, as the case may be. 

Article V. 

Five of this committee shall constitute a quorum for the 
transaction of business and shall meet at least once a month. 

Article VI. 

This association shall hold two regular meetings, to be held 
on the day of and the day of 

and such other special meetings as may be called by the Presi- 
dent or a majority of the Executive Committee. 



GAME, FISH AND FORESTRY LAWS. 257 

Article VII. 

This organization is formed for the protection and preserva- 
tion of our forests, the protection of game, of song and in- 
sectivorous birds, and of flsh; for aiding in the enforcement of 
the laws of this Commonwealth governing the same, and to 
unite the efforts and influence of all law abiding citizens within 
the State; and fn securing such future legislation upon these 
subjects, as may be considered best suited to advance the in- 
terests of the people of the Commonwealth at large. 

With this object in view we hereby pledge ourselves not only 
to obey the laws of the Commonwealth pertainin.cr to these sub- 
jects, but to use our influence to have others obey them. We 
agree to report to the Secretary of this organization the name 
of any individual who may to our knowledge violate these laws, 
or any of them, and if need be to testify against such person 
to secure his conviction. 



254 GAME, FISH AND FORE'STRY LA^WS. 



AN ANALYSIS AND SUMMARY OF THE ACTS OF ASSEM- 
BLY OF THE STATE OF PENNSYLVANIA RELATING 
TO FORESTS AND FORESTRY. 

By I. C. Williams, Esq., Deputy Commissioner of Forestry. 



< Where penalties are herein referred to, the maximum penalty 
is g-iven, unless otherwise mentioned.) 

Acts prohibited upon forest or timber lands. 

See trees, fires, timber, landmarks. 
Annual fixed charge upon forestry reserves for school and road 
purposes in lieu of taxes provided for by appropriation. 
Act of May 13, 1909, page 240, and April 5, 1905, page 221. 
Appeal by defendant may be had from judgement of justice of 
the peace, where fine imposed is above five dollars. 
Act of June 1, 1887, sec. 3, page 201. 
Arrest of persons reasonably suspected of violating or being 
about to violate the forest and timber law^s, may be made 
on view and without a warrant. 
Act of April 29, 1897, page 206. 
Auditor General may refuse to pay share of State aid for county 
detectives where arrests and convictions are obtained by 
detectives appointed by the Commissioner of Forestry. 
Act of May 2, 1901, sec. 2, page 214. 
Boroughs may require the planting of shade trees along public 
streets. 
Act of June 17, 1901, page 215. 
Boroughs may impound water on reservations for borough pur- 
poses. 
Act of April 14, 1905, page 222. 
Camping permit required, rule 7, page 250. 

Charge of 2 cents per acre for schools and roads to be made 
annually in favor of townships wherein lie forest reserves. 
Act of April 5, 1905, page 221. 
Act of May 13, 1909, page 240. 
Commissioner of Forestry is President and executive officer of 
the Commission and Superintendent of the Reservations, 
he shall have immediate control and management of reser- 
vations, and enforce fish and game laws thereon; he shall 
encourage forestry, obtain and publish information relat- 



GAME. FISH AND FORESTRY LAWS. 255 

ing- to forest lands and enforce all laws for forest protec- 
tion; he may employ detectives, upon approval of the Gkiv- 
ernor and the Commission. (See also, "Department of For- 
estry.") 

Act of February 25, 1901, sec. 3, page 211. 
he shall receive a salary of $3,000 per annum and all neces- 
sary expenses of travel in dischargre of his duties; other 
members of the Commission shall receive no salary but shall 
be reimbursed for the necessary expenses of their office. 

Ibid., sec. 4, pag-e 212. 
he shall have an office at the State Capitol and shall be pro- 
vided with the necessary accommodations and supplies for 
use of his Department. 

Ibid., sec. 5, page 212, 
he shall receive all moneys from the sale of tirnber or 
minerals, pay the same over to the State Treasurer, and 
give his bond with two sureties approved by the Governor 
in the sum of $10,000. 

Ibid., sec. 9, page 213. 
h-^ shall establish and provide instruction for Forest War- 
dens in a School of Forestry at Mont Alto. 

Act of May 13, 1903, page 220. 
Commission, State Forestry Reservation: See "Department of 

Forestry." Page 208. 
Counties: See fires; see special acts of Assembly, page 198. 
County Commissioners, who, after being called upon by the 
Commissioner of Forestry, shall fail to appoint detectives 
to ferret out and bring to punishment those who fire timber 
lands, shall be guilty of a misdemeanor in office, and on 
conviction thereof, shall pay a fine of $100 or suffer an im- 
prisonment of two years or both. 

Act of June 2. 1870, sec. 1, as amended by act of July 15, 
1897, page 207. 
County may forfeit share of State's aid for pay of detectives, if 
arrests and convictions for kindling- fires a,re obtained by 
detectives appointed by the Commissioner of Forestry. 

Act of May 2, 1901, sec. 2, page 214. 
County treasurers, advertising unseated lands for sale fov un- 
paid taxes, shall publish a notice of sale once a week for 
six weeks, and notify the Commissioner of Forestry 

Act of March 30, 1897, page 204. 
Damages for injuries to trees along highways and on adjacent 
lands, may be recovered from telephone, telegraph, and 
electric light companies. 

Act of June 2, 1891, page 202. 



256 GAME, FISH AND FvORESTRY LAWS. 

Damaging road side trees prohibited. 

Act of April 1, 1909, page 230. Act July 2, ISOl, page 216. 
Department of Forestry: A Commissioner of Forestry and four 
other citizens shall constitute tlie State Forestry Reserva- 
tion Commission. They shall be appointed and commis- 
sioned by the Governor by and with the advice and consent 
of the Senate, for a term of four years. They have power 
to purchfCse suitable lands for forestry preservation, lim- 
ited to a price not in excess of $5 per acre; to control and 
manage the lands so purchased as well as those of prior 
purchase; to make rules and regulations for the control, 
management, and protection of reservations; to sell and 
dispose of timber on forest lands on terms most advanta- 
geous to the State; to make and execute contracts or leases 
in the name of the Commonwealth for mining or removal 
of valuable minerals on reservations, after approval by the 
Governor and notice for one month by advertising, the con- 
tracts and leases to be awarded to the highest bidder, who 
shall give bond in amount to be designated by the Commis- 
sion, and to be approved by the court of the county wherein 
the contracts or leases are made; one-half the net revenue 
derived from such contracts and leases to be paid to the 
respective township treasurers, provided this amount do 
not exceed twice the amount of taxes which would have 
been derived from such lands if owned by individuals. 

Act of February 25, 1901, sec. 1, page 208. 
may grow and distribute seedling trees at cost. 

Act of April 22, 1909, page 233. 
Detectives to ferret out and bring to punishment persons firing 
timber lands shall be appointed by county commissioners. 
The expense of such employment shall be paid, one-half by 
the county and one-half by the State: which, for the State, 
shall not for a single county in any one year exceed $500. 

Act of June 2, 1870, sec. 1, as amended by act of July 15, 
1897, page 207. 
Electric lighl companies may be compelled to pay damages for 
injuries to trees along highways and adjacent lands. 

Act of June 2, 1S91, page 202. 
Employes of the Department of Forestry are ex-officio fire 
wardens. 

Act of May 13, 1909, page 243. 
Estrepment may issue to prevent further cutting of timber 
by a tenant in common. 

Act of May 4, 1869, sec. 3, page 199. 



GAME, FISH AND FORESTRY LAWS. 257 

Fines: When a penalty of more than $5 is imposed, defendant 
may appeal from judgment of justice of the peace to court 
of quarter sessions, after recog-nizance given; in which 
court upon conviction, defendant may be subject to ana 
of $100, and in default of payment, may be imprisoned ona 
day for each dollar of penalty. 

Act of June 1. 1887, sec. 3, as amended by act of May 14 
1897, P. L. 60, page 201. 
Fires: Any one who shall wantonly and wilfully kindle fires 
on lands of another so as to set on fire any woodlands, bar- 
rens, or moors, rnay, on conviction, be sentenced to a fine 
of $300 and an imprisonment of twelve months, page 
Prosecution hereunder maj^ be commenced at any time with- 
in two years from the date of the commission of the act. 
Act of June 11, 1879, sec. 1, page 199. 
Fires: Kindling fires upon the forestrj'- reservations, except in 
accordance with the rules of the Commission, cutting or re- 
moving timber, or doing any damage to forest lands or 
timber belonging to the Commonwealth, is punishable upon 
conviction by fine of not less than $100, nor more than $500 
for each offense, with costs; in default of payment, the de- 
fendant shall be committed to jail until both are paid. 
Act of February 25, 1901, sec. 2, page 211. 
Fires negligently kindled on another's land, or on one's own 
land and negligently allowed to communicate to other lands, 
will subject the offender to fine of $100, and in default of 
payment, one day's imprisonment for each dollar of fine. 
Likewise for negligently carrying into a forest any lighted 
candle, lamp, or torch, without having same secured in 
closed vessel. 
Act of June 1, 1887, sec. 3, as amended by act of May 14, 
1891 P. L. 60, page 201. 
Fires: The intentional setting of fires to timber lands in Union 
county is punishable by a fine of $500 or imprisonment for 
one year. 
Act of April 9, 1869, page 198. 
(The provisions of this act were extended to Schuylkill, Le- 
high, Berks, Lycoming, Centre, Snyder and Luzerne coun- 
ties by act of June 2, 1870, P. L. 1316; from which Lycoming 
county Tv^as excepted by act of May 19, 1871, P. L. 950), 
page 198. 
Fires, the wilful setting of, In woods, on lands, or in marshes, 
i» prohibited under a penalty of 1100 aad lmpri9o«m<*st of 
twelv*:* mor!th«. 
Act of March U, 1S*#, »ec. li%, pair© .1^- 



258 GAME, FTSH AND FORESTRY LAWS. 

Fires: When county commissioners fail to appoint persons to 
ferret out and bring- to punishment persons who wilfully or 
otherwise cause the burning- of timber lands, the Commis- 
sioner of Forestry may, on request of the residents of a 
county where fires have occurred, appoint detectives and 
employ attorneys to ferret out and bring to punishment 
those who kindle such fires; all expenses thereof to be paid 
by the State Treasurer after approval by the Governor and 
Commissioner of Forestry. 
Act of May 2, 1901, sec. 1, page 214. 

Fires: In regions where there are oil or gas- wells, fires shall 
be kindled only in accordance with directions of act of June 
12, 1907, page 227. 

Fires: Debris must be removed from such lands at least once 
a year. 
Ibid, page 227. 

Fires: Every railroad company must remove debris from right 
of way through such lands, must provide spark arresters, 
and sufficient trackmen to extinguish fires. 
Ibid, page 227-228-229. 

Fire wardens, district, may have assistant wardens and compel 
persons to assist in extinguishing fires. 
Act of May 13, 1909, page 243. 

Fire wardens, new system of established. 
Act of May 13, 1909, page 241. 

Fire wardens are punishable for neg-lect of duty. 

Act of May 13, 1909, page 248. 
Fire works are prohibited on timber and forest lands under 
penalty of $100, or in default of payment, one day imprison- 
ment for each dollar of fine. 
Act of June 1, 1887, sec. 3, as amended by act of May 14, 
1897, P. L. 60, page 201. 
Floods, destructive; prevention of. 

See "Unseated Lands." Page 206. 
Forestry Department: See "Department of Forestry." 

Forestry Reservation Commission is authorized to expend $300,- 
000 per year in purchase of lands. All proceeds derived 
from reservation lands shall become a special fund to be 
used in defraying expenses of improvement and proctection 
of such lands, or for purchase of additional lands. 
Act of April 15, 1903, page 21$. 



GAME, FISH AND FORESTRY LAWS. 259 

Forestry school established at Mont Alto for the instruction of 
Forest Wardens. 
Act of May 13, 1903. page 220. 
Forests, municipal, established. 

Act of April 22, 1909, page 234. 
Jury of view may be appointed to assess damages suffered 
from cutting trees by telephone, telegraph and electric light 
companies. 

Act of June 2, 1891, page 203. 

Justice of the peace must issue his warrant In any constable 
or police officer upon information, supported by affidavit, 
of violation of act of June 1, 1887, relating to wilful and 
negligent destruction of timber and forest trees. Page 202. 

Land, vacant or unappropriated. See "Title." 

r^andmarks, boundary trees, etc. See "Trees." 

T.,ands purchased by the Commission shall be paid for by the 
State Treasurer on warrant of the Auditor General upon 
vouchers approved by the Commission and the Governor. 
Act of February 25, 1901. sec. 7, page 212. 

liimitation of action: Prosecution for malicious firing may be 
commenced at any time within two years from the commis- 
sion of the act. 
Act of June 11, 1879, sec. 1, page 200. 
Municipal forests established. 

Act of April 22, 1909, page 234. 
Navigable rivers, beds of, no further warrants for. 
Act of May 3, 1909, page 239. 

Oil and gas-well lands: Regulations concerning use of fire on. 

Act of June 12, 1^07, page 227. 
Owner of land may recover no compensation for fighting fire 
on his own land. 
Act of May 13, 3909, page 243. 
Permit, camping, required, rule 7, page 250. 
Persons employed by the Commissioner of Forestry; made 

ex-officio fire wardens by act of May 13, 1909, page 243. 
Prosecutor shall receive re\vard of $50 for every conviction for 
mali("iously kindling fires. 

The prosecutor shall be a competent witness. 
Act of June 11, 1879, sec. 2, page 200. 
Railroads must equip engines with spark arresters and main- 
tain right of way through oi] and gas lands free of debris. 
Act of June 12, 1907, page 229. 



260 GAM?::, VISU AND FORESTRY LAWS. 

Reserve, State Forest. Annual charge of 2 cents per acre for 
scliools and roads, to be paid townships and school districts 
Act of April 5, 1905, page 221. 
Act of May 13, 1909, page 240. 
Reward of $50 shall be paid to the prosecutor for securing con- 
viction for kindling fires. 
Act of June 11, 1879, sec. 2, page 200. 
Rivers, beds of navigable. No further warrants for. 

Act of May 3, 1909, page 239. 
Roads in forest reserves, regularly established, running into, 
through, or along said lands, may be maintained, repaired, 
or extended by the Commission, at an expense of not more 
than $25 per mile for those wholly on reservations, and at 
the expense of $12.50 per mile for those bordering reser- 
vations. 
Act of February 25, 1901, sec. 8, page 213. 
Road tax fund; See "Reserves," 
Rules for the government of the State Forest Reserves, page 

250. 
School of Forestry established at Mont Alto for the instruction 
of Forest Wardens. 

Act of May 13, 1903, page 220. 
Schools: See "Reserves," "Forestry School." 
Schools, fixed charge on land for. 
Act of May 12, 1909, page 240. 
Seedling trees for forest planting may be grown and disvributed 
by the Department. 
Act of April 22, 1909, page 233. 
Shade trees may be required to be planted along public streets 
in boroughs. 
Act of June 17, 1901, page 215. 
Shade Tree Commission: May be appointed in cities, boroughs, 
and first class townships; has absolute control over trees 
on public highways; cost of planting is chargeable to the 
owner of the adjacent real estate; cost of maintenance paid 
by general tax; may employ assistants and laborers. 
Act of May 31, 1907, page 223. 

Bpeeial acts of Assembly: 

April g, 1869, applying only to Union county. 

June 2, 1870, ext*?n<51ng the above act to Schuylkill, liehlrlfe, 

B«rks, I/ycotnisg-, Centre, Snyder a-tid Lnz^rris. 
May IS, J871.. applyinj? onlF U> urc.omit\r- Qonrsiy . Pa^e 19^.. 



GAME. FISH AND FORESTRY LAWS. 261 

Street railway companies may be authorized by the Commis- 
sion to construct, maintain, and operate lines of railway 
over, along-, and upon public highways laid out and in 
actual use, lying within or bordering forest reservations, 
when such reservations will be benefited thereby. 
Act of April 15, 1903, page 219. 
Summary conviction may be had before a justice of the peace, 
after hearing, for any of the offenses prohibited by act of 
.Tune 1, 1887, and fines and imprisonment imposed as therein 
provided. Page 201. 
Taxes on forest reserves supplied by annual fixed charges. 

Act of April 5, 1905, and act of May 13, 1909, pages 221- 
240. 
Telephone, telegraph, and electric light companies may be com- 
pelled to pay damages for injuries to trees along highways 
and on adjacent lands. 
Act of June 2, 1891, page 202. 
Tenant in common is prohibited from cutting or removing 
timber from lands held in common without first obtaining 
written consent of all his co-tenants. The writ of estrepe- 
ment may issue to prevent further cutting. 
Act of May 4, 1869, sees. 1, 3, page 198-199. 
Timber cutting without owner's consent is prohibited under a 
penalty of $1,000 or one year's imprisonment, 
knowingly receiving or purchasing illegally cut timber is 
punishable in the same manner. 
Act of March 31, 1860, sec. 152, page 197. 
Timber lands shall be returned by the assessors at each tri- 
ennial assessment, specifying the number of acres of timber 
and the number of acres of cleared land in each tract. 
Act of June 13, 1883, page 200. 
Timber, sale of, removed by tenant in common without con- 
sent of co-tenants shall pass no title; owner may recovev 
same and all articles manufactured therefrom, besides 
damages, in an appropriate action. 
Act of May 4, 1869, sec. 2, page 199. 
Title to unseated land shall be vested in the Department of 
Forestry, if suitable for forestry purposes. 
Act of May 3, 1909, page 238. 
Title to all lands purchased by the Commission shall be in the 
Commonwealth, held by the Commissioner of Forestry, and 
said lands are not to be subject to warrant, survey or 
patent. 
Act of February 25, 1901, sec. 8, page 213. 



262 GAMK, FISH AND FORESTRY T.AWS. 

Trees: Damages for injuries to trees along highways or ad- 
joining lands may be recovered from telephone, telegraph 
and electric light companies. 
Act of June 2, 1891, page 202. 
Trees: Injury done to trees planted by the road side, by negli- 
gently allowing domestic animals access thereto is punish- 
able by fine of from $1 to $5 for each tree; and in default 
of payment or entry of bail for same, the offender may be 
committed to prison one day for each dollar of fine and 
costs. 
Act of July 2, 1901, sec. 5, page 216. 
Trees growing within road limits shall not be injured or de- 
stroyed except in certain cases. Penalties provided. 
Act of April 1, 1909, page 230. 

Trees: Malicious removal or destruction of boundary trees or 
other landmarks is punishable by a fine of $.500 and im- 
prisonment for one year. 
Act of March 31, 1860, sec. 153, page 197. 

Trees: Department may grow and distribute at cost. 
Act of April 22, 1909, page 233. 

Trees: Wilfully cutting bark from, burning, or otherwise in- 
juring trees, plants, shrubs, or sprouts, without owner's 
consent, is punishable by fine of $100, and upon neglect to 
pay same, defendant m.ay be imprisoned one day for each 
dollar of penalty. 
Act of June 1, 1887, sec. 3, as amended by act of May 14, 
1891. P. L. 60, page 201. 

Trees: Shade Tree Commission in cities, boroughs, and first 
class townships, have full control of trees upon public high- 
ways. 
Act of May 31, 1907, page 223. 

Unseated land; see "Title." 

Unseated lands may be purchased by the Commonwealth at 
treasurer's sale, for the purpose of creating a State For- 
estry Reservation, at a price not to exceed the taxes for 
which sold and costs. 
Act of March 30, 1897, page 204. 
Unseated lands, other than those sold for taxes, may be bought 
by the Commissioner of Forestry at a price not to exceed 
the assessed value, and in no case to exceed five dollars per 
acre. 
Act of March 30. 1897. sec. 2, as amended by act of April 
28, 1899, P. L. 98, page 205. 



GAME, PISH AND FORESTRY LAWS. 262 

Unseated lands bought by the Forestry Commissioner at tax 
sales, may be redeemed. 
Act of March 30, 1897. sec. 3, page 205. 
[Tnseated lands purchased at tax sales and not redeemed within 
the time allowed by law, shall be fully vested in the Com- 
monwealth, free from further taxation. The treasurers 
of the respective counties shall certify lists of such lands 
so purchased and not redeemed. 
Act of March 30, sec. 4, page 205. 

Unseated lands acquired by the Commonwealth shall become a 
part of the forestry reserve and shall be controlled and 
managed with a view to the preservation of the water 
supply at the sources of rivers, and for protection from de- 
structive floods. 
Act of March 30, 1897, sec. 5, page 206. 

Union County: See Fires. 

Vacant land, title to. 

Act of May 3, 1909, page 238. 

Wardens upon forest reserves, called in the act "persons 
employed by the Commissioner of Forestry," after taking 
the proper oath, shall have conferred upon them powers of 
constables and other peace officers; may arrest on view, 
without warrant, upon reasonable suspicion of an offense 
committed or about to be committed against laws for pro- 
tection of forests and timber lands, and fish and game 
therein, and may convey offenders before justices of the 
peace for hearing and trial, or due process of law. Rules 
must be conspicuously posted on reserves. This power 
shall be exercised only upon reserves, or adjacent lands, 
and only beyond the limits of the reserves when necessary 
for pursuit and arrest, or conveying offenders into custody. 

Act of March 11, 1903, page 217. 
are now ex-officio fire wardens. 
Act of May 13, 1909, page 243. 

W^arrants need not first issue for the arrest of persons tres- 
passing on forest and timber lands, w^hen a reasonable sus- 
picion "exists that they have violated or are about to violate 
the laws pertaining to such lands. 
Act April 29, 1897, page 206. 

Water may be impounded on reservations for use of boroughs. 
Act 14th April, 1905,. page 222. 

Water supply, conservation of. See "Unseated Lands." 

Woods, lands, or marshes, wilful setting fires to. See Fires. 



264 OAME. FTSH AND FORESTRY LAWS. 

• FFTCIAL LIST OF DEPARTMENT OF FORESTRY. 



State Forestry Reservation Commission. 
Robert S. Conklin, President, Columbia, Lancaster county. 
J. T. Rothrock, M. D., Secretary, West Chester, Chester county. 
John Fulton, Johnstown, Cambria county. 
Mira L. Dock, Harrisburg-, Dauphin county. 
S. B. Elliott, Reynoldsville, Jefferson county. 



Office of Commissioner of Forestry. 
Commissioner of Forestry, Robert S. Conklin, Columbia, Lan- 
caster county. 
Deputy Commissioner of Forestry, I. C. Williams, Esq., Roy- 

ersford, Montgomery county. 
Clerks, A. Elwyn Strode, West Chester, Chester county. 
George W. Howard, Chester, Delaware county. 



NOTICE. 

Department of Forestry, 
Harrisburg, Pa., June 1, 1909. 
The act approved March 11, j "^3, confers the powers of con- 
stables upon those who are en r/oyed by the Commissioner of 
Forestry under existing laws for i. p protection of State Forest 
Reserves. The employes of this L->partment will be properly 
instructed and. duly qualified accorajng to law. They will be 
expected to take prompt and decided measures, and arrest all 
persons who violate any laws intended to protect the timber, 
game, or fish upon the State Forest Reserves, or the rules of 
the Department. Failure on the part of a State Forest Officer 
to do this in a proper case will be follovv^ed by immediate dis- 
inissal from the service of the State. Those employed by this 
Department will be recognized by the State Forest Reserve 
badge which they wear. 

The proper protection of our Forest Reserves should interest 
every citizen of the State, because he or she is a part owner of 
the land. It will be a favor to this office if those who are 
aware of any neglect of duty on the part of forest officers 
will promptly notify the Department of the same, giving all 
the facts which are necessary to form an intelligent judgment 
and to take prompt action. 

ROBERT S. CONKLIN, 
Commissioner of Forestry. 



Index to Forestry Laws 



A. 

Page. 

Actions, time limitations 200 

Acts, certain, prohibited in forest or timber land. 195.196.197,198.199,201,211. 
229,232. 

Academy. Forest 220 

Address of Commissioner of Forestry 264 

Advertisement by County Commissioners 202, 204 

Alderman 194, 201,211 

Analysis of Forest laws 254 

Appeal, right of 195,201 

Application for permit to camp, 250 

Appointment of Commissioner of Forestry. 208,209 

Appointment of forest wardens 217,220 

Appointment of fire wardens, 241,242 

Appointment of detectives. 207 

Arrest 217, 248 

warrant for 195, 196.202, 211, 232 

without warrant 206, 217, 248 

Associations, suggestions on 252 

Assessors, duties of 200 

Assistance in extinguishing fire, compelling 248 

Assistant fire wardens 243 

Attorneys may be employed, 211,214 

Auditor General, dutes of 208,215 



Bail 201 

Berks county, law relating to forest fires 198 

Bond, State Forestry Commissioner 214 

Boundary trees, removal of 197 

Borough officers, powers of 215 

Boroughs, right to impound water, 222 

right to establish forests, 2S4 

C. 

Camp on State lands 256 

Cattle, pasturing of. 2ol 

Centre county, law relating to fires 198 

City forests may be established 234 

Commission, State Forestry Reservation, 222 

Commissioners, county, duties of ^"'^i'^ 

Commissioners of Forestry, appointment of 208,209 

Commitment to Jail. 197,200,202,211.218,253,248 



(265) 



266 INDEX. 

Page 

Commonwealth authorized to purchase land for taxes. 204.209 

Compensation of fire wardens 243 

for daily patrol of fire wardens. 247 

Compulsory assistance in extinguishing fire 24R 

Constables, powers and duties of 206 

Convictions before court 202. 2i'3, 211 

before justice 1.94, 201, 211 

summary 204 

County commissioners, duties of 202,204,207 

County treasurer, duties of, 200,204 

County may forfeit State aid 2ir, 

Court of quarter sessions, duty of 2(12 

of common pleas, duty of 203 

Cutting or mutilating growing timber 197.216 

Cutting timber trees by tenants in common 19f? 

D. 

Daily patrol by fire wardens 247 

Damage to trees by electric light or telephone companies 202 

Damage or cutting or injuring timber without owner's consent. 199 

Debris must be removed from oil or gas w^ell lands, 228 

Department of ' Forestry, 206. 20S. 233 

Detectives may be appointed by Dept. of Forestry 211 

shall be appointed by County Commissioners, 207-214 

Disability of fire wardens, 246 

Dispute about compensation for fighting fire, how settled. 247 

District fire warden 242 

Division of revenue from sale of timber 21?. 

Dogs on State lands 250 

Duty of Commissioner of Forestry 20S.209 

Duty of fire wardens 241 

constables 206 

justices 194.201,211 

E. 

Electric light companies, liability of for damage to trees, 202 

Employees of the Commissioner of Forestry, powers on State land, .. 217 

ex-offlcio fire wardens, 243 

Estrepement. writ of, 199 

Evidence to be heard by justice 194,201,211 

Expense of extinguishing fire, how paid 244 

F. 

Fire seasons defined, 228,247 

starting on one's own land 201 

not to be lighted on w^oodlands or marshes 201.241 

not to be kindled on forest reserves, 211 

Fire warden, chief and deputy chief 242 

duties and powers of 241 

penalties for failing in dutJ^ 24S 

assistant 243 

system of 241 

Fire works prohibited in forested land 2fl1 

Firing the woods, penaltes for. ....195.197.198,199,200.101.202,207,208,211.229.230 



INDEX. 267 

Page. 

Forestry Reservation Commission 208,209 

school of 220. 

Forest, municipal, may be established 234 

Forest reserve, exempt from taxation 213 

fixed charge on 221, 240 

waters on 210.222 

wardens 217, 220 

academy 220 

Fraudulent claim for compensation for extinguishing- fire 248 

G. 

Gas well lands, preventing fire on, 227 

Governor, duties of in certain cases, 210-213 

H. 

Highways bordering on or within reserves 213 

I. 

Imprisonment imposed where fine not paid, 201-211 

Intentional firing of forests in Union and other counties, 19S 

J. 

Judge of the Court of Common Pleas, Duties of, 231 

Jurisdiction of constables, 206 

Justice of the peace. 194. 201.211 

K. 

Kindling fires on State reser\'es 211 

Kindling fire's on one's own land 201 

on lands of another, 201 

L. 

Land, power of Forestry Commission to purchase 204,209 

of the State exempt from taxation 205 

liable to fixed charge, 240 

title to vacant 238 

in forest reserves under charge of Commissioner of Forestry 209 

not subject to warrant or survey 213 

Landmarks, 19" 

Lease of mineral rights in reserves, 210 

Leliigh county forest fires 19^ 

Letter from Commissioner of Forestry. 264 

Liability, personal, of fire wardens to pay costs of extinguishing fire. 24( 

Lights, open, as torches, forbidden on forest reserves 201 

Limitation of time in prosecution 200 

Luzerne countv forest fires 198 



268 INDEX. 

M. 

Page 

MagistratR, duties of 194,201.21] 

Maximum price to be paid for land 204 205 20y 

Mineral on State land ' 210 

Misdemeanor [ . . 208 

Municipal forests may be established .'.'.' 234 

Municipalities, right to impound water 222 

Mutilation of growing timber 195, 19fi, 197, His. 191t. 201. 202, 211. 216, '217,22^,230 

N. 

Navigable rivers, warrants for beds of 239 

Negligence. 195, 196, 197, 198, 199, 200,201, 202, 203, 211, 216, 22fi 22S, 232, 24^ 

Notice, trespass. 24 

Notice of the Commissioner of Forestry, 264 

O. 

Office of the Commissioner of Forestry 212 

Officers refusing or neglecting to do their duty 207,214,24S 

Oil well lands, precautions to prevent fire on, 227 

Open lights on forest land 201 

Organization, suggestions for, 252 

Owners in common, rights of 198 

Owners, no compensation for, extinguishing fire on own land. 243 



Pasturing of cattle, 251 

Peace officer, duties of, 20C 

Penalty for refusing assistance in extinguishing fire 248 

Penaltes, how applied, see Firing Woods. 

for violation of forest laws, 194, 195, 226,24S, 197,21? 

Permit to camp, 2 > 

Persons assisting to extinguish Are shall be paid, '. 2'!:! 

Pipe lines 22j 

Powers of the Commissioner of Forestry .' 21: 

forest wardens, or rangers and foresters, 217 

President of Forestry Commission 211 

Proceedings after arrest, see Arrest. 

Procedure in trial for violating forest laws. See Arrest and "without 
warrant." 

Prosecutors, rights of, 195,200 

Public road3 In or along forest reserves 213 

Purchase of land by the Commonwealth 204,219 

money for, how paid, 212 

Railroad engines setting fire 229 

penalty for 229,230 

companies, duties of respecting flre 229 

" R. 
Recognizance 201 

Record to be kept of lards purchased by Com. of Forestry 204 

Redemption of land, 205 

Refusing, officers to do duty 207,214,248 

Removing or destroying land marks, 197 

Reserv^e, fixed charge on 221,240 



INDEX. 269 

Page. 

Revenue (or school and road purposes, 221,:i40 

Reward for conviction of person who fire woodt^, 200 

Rivers, navigable, warrant for beds of 239 

Roads on forest reserves 213 

Rules of Forestry (Commission, 209,212 

powwr to make 209,212 



Sanatorium at Mont Alto transfti red. 227 

Schuylkill county, forest fires. 198 

Schools, fixed charge for 221,240 

School of Forestry 220 

Seedling trees, growth and distribution of 233 

Sentence by justice, 194 , 2U1, 211 

Setting fire to woodland, 201,241 

Shade trees planting of, by boroughs, cities and townships 215.223 

Shade Tree Commission. 223 

Snj'der county forest fires, 198 

Spark arresters engines to be provided with 229 

State Forest Academy, 220 

lands, public roads on, 21". 

subject to fixed charge 221,240 

not subject to taxation, 205, 213 

Treasurer, dutes of, 200.204.213 

State shall pay four-fifths ost of fighting fire 245 

Street railways on forest reserves 21fl 

Suggestions for organization. 252 

Summary conviction, 194,201,211 

of forest laws 254 



Telegraph or telephone companies, lia,bility of 2,02 

Tenants In common, rights of, ISs 

Time limit of actions, 200 

Timber cutting without owner's consent 195.197,201,217,218 

protection of 214 

land to be returned for assessment 200 

title to, not to pass under certain conditions 199 

from State reserves may be sold by Commission, 210 

Title of land to vest In Commonwealth 213 

Title to vacant land. 236 

Torchlight on forest land, 201 

Township foi-ests may be established, _ 23-' 

Town officials, duties of in certain cases 215,234 

Tree seedlings, growth and distribution of. 23? 

Trees, damage to 21(5 

boroughs may require planting of, •• 215,223 

growing along roadside 202,216,230 

malicious removal or destruction of 230 

planting along roadside, 216,230 

wilful or careless mutilation of, prohibited, 199 

plantlii,«r of by gbafie Treft Commission ^ 

Trl*l of dWftxdiiJsta l«,»l,2ll 



270 INDEX. 

u. 

Page. 

Union county 198 

Unseated land 204 

V. 

Vacant land, title to, 238 

Viewers to appraise vacant land 237 

^'iewers to appraise damage. 203 

W. 

Wanton or wilful starting forest fires, 195.197.198,199.201,211,232 

Wardens, fire, duties and powers ot 241 

or forest rangers, duties and powers of, 217 

Warrants of arrest and search '. 195.196,202,211,232 

for trespass, 195, 196, 202, 211, 232 

for vacant land, 23S 

"Wilful or careless destruction or mutilation of trees and timber. 195.196,197, 
198,199,201,202,211,216,217,223,230. 

Writ of estrepement, how obtained 199 

Woods, woodlands or marshes, wilful setting fire to 195.197,198,199,201,211, 
232. 



